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REPORT TO: PLANNING COMMITTEE 7 December 2011
REPORT BY: CHIEF PLANNING & TRANSPORTATION OFFICER
PREPARED BY: Daniel Hartley MBA MRTPI (01254 380161)
APPLICATIONS SUBMITTED UNDER THE TOWN AND COUNTRY PLANNING ACT 1990 FOR DETERMINATION
Purpose of Report : To present planning applications for determination as set out in the report
1. 11/11/0342 Junction 7 Business Park Clayton le Moors 2 2. 11/11/0394 Land to the north and south of Britannia 44 Street Great Harwood 3. 11/11/0395 Hambledon Mill Marlborough Road 53 Accrington Lancs 4. 11/11/0427 Thompson Court off Bank Street Accrington 70 5. 11/11/0428 Thompson Court off Bank Street Accrington 70 6. 11/11/0441 Former Cliffe Brickworks off Cliffe Lane 79 Great Harwood 7. 11/11/0436 Manor House Farm Tottleworth Rishton 84 8. 11/11/0439 1 Park Street Great Harwood 92 9. 11/11/0500 13 Calf Hey, Clayton le Moors 99
NOTE: The policies referred to under “Relevant Policies” are set out in the Hyndburn Borough Local Plan and the Hyndburn Core Strategy. These documents may be inspected at the Council Offices.
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THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR CONDITIONAL APPROVAL (Category A)
11/11/0342 Outline Major: mixed use re-development scheme (including demolition of buildings) including commercial, industrial, storage, residential, retail, hotel, community uses and public open space with associated access, servicing and parking Junction 7 Business Park, Clayton le Moors Goldtique Ventures Ltd
DATE FOR DETERMINATION: 2 ND November 2011
Site description and locality
The site is located directly off the northern spur leading to the M65 at Junction 7. Originally developed in 1941 as a manufacturing complex for Bristol Aircraft, its status began to change in the eighties when the primary function ceased and the then owner General Electric occupied the site, primarily as a warehousing function.
It is a site of 18.34 ha of regular shape and for the most part flat. There is a change in levels to the west and south west corner of the site. It is bordered by housing to the north and there is an access in the north east corner of the site (this is currently gated) currently unused linking to Clayton le Moors Centre. Industrial and commercial uses lie to the east, housing, open fields and the Dunkenhalgh Hotel lie to the south and there is open countryside to the west. Currently there are 4 large interwar industrial units and a number of smaller brick buildings occupying the eastern two thirds of the site, while the western third is open storage.
Details of proposal
The proposed development comprises of a mix of uses including B1/B2/B8 business units, a hotel, petrol filling station, neighbourhood centre including A1 retail units and an A5 hot food takeaway unit, a care home and extra care complex, open space and housing (198 dwellings – 134 detached and 64 semi detached indicatively proposed). A building is also proposed for the Sea Cadets. A detailed “area schedule” accompanies the application and this refers to maximum site area/gross floor area by use. The site would be split as follows:
Residential area = 36.64% Local Centre Area (including Sea Cadet building) = 4.55% B1/B2/B8 Employment Area = 41.44% Amenity/Landscaped Buffer Area = 12.21% Hotel Site (including separate Pub) = 3.52% Petrol Filling Station = 1.64%
The Council has issued a screening opinion under the Town and Country Planning Environmental Impact Assessment Regulations to indicate that an Environmental Statement is not required to be submitted as part of this planning application.
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The application is submitted in outline with all detailed matters reserved for a future date apart from access. Access (this includes roads within the site as shown on the submitted indicative layout) would be from Blackburn Road as is the case now although a bus/cycle/pedestrian link is proposed from Charles Street. Indicative layout, design, landscaping and appearance details are submitted with the application.
The applicant entered into pre-application discussions with the Local Planning Authority prior to submission and carried out public consultation including formal consultation events (including an exhibition and questionnaires) and presentations to all members of the Council. The applicant has submitted a “pre-application meetings summary” and “Consultation Statement” document that collectively amount to a statement of community involvement.
The applicant’s submission
Job Creation The applicant indicates that 310 full time equivalent employees are employed on the site and that the proposal would deliver 1538 equivalent employees on the site.
Section 106 agreement The applicant has included a Section 106 agreement heads of terms document. The applicant has indicated that subject to viability issues a Section 106 agreement would be entered into relating to public open space, affordable housing, phasing, employment, public art, education, provision of land for the Sea Cadets, waste, travel plan and highways/accessibility. This matter is addressed later in the report.
Developer The applicant has submitted a letter signed by the Land Director of Barratt Homes and dated 25 th July 2011. The letter states “at 18.34 hectares and with much of the existing accommodation becoming increasingly obsolete, the location, scale and accessibility of the site make it suitable to create a leading mixed use development which will raise the profile of Hyndburn as an attractive place in which to live and to work. The potential exists to encourage economic and housing growth and broaden the employment base of the Borough. This is an unrivalled opportunity to plan to support the future prosperity of Hyndburn in a location which is very well suited to meeting a variety of modern needs including business, commercial, community, retail, leisure and housing….The proposed residential element will provide much-needed aspirational family housing and will be of sufficient scale to act as a catalyst and pump primer for the necessary demolition, remediation, site preparation, access and service infrastructure works provision required to facilitate the regeneration of the site”
Drainage and Flood Risk Sustainable urban drainage systems will be put in place including permeable pavements, storage tanks, rainwater harvesting systems and ponds. Surface run off rates will be no greater than pre-development – United Utilities indicate that the site could drain to the culverted watercourse crossing the site Petrol interceptors will be considered in the drainage design where there is a risk of contaminating the watercourses. Foul water would drain to the public sewers.
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The site is not within an area at risk of flooding
Indicative Landscaping Plan An indicative landscape plan accompanies the planning application. A landscaping proposals document also accompanies the planning application. The plan and document indicate a central reservation of specimen trees running down the main access road, trees within car parking areas and planting and retention of trees on the perimeter of the site. Additional planting is proposed along the south eastern boundary of the site. It is proposed to plant native trees and shrubs along the western boundary where it meets green belt. Tree plating along the eastern boundary is proposed to provide a visual screen between employment units on and off site. It is proposed to link into the public right of way 100 metres to the west of the site. The applicant indicates that “gateway features” are anticipated at the entrances to the site.
A detailed landscaping scheme has not been submitted as this is a matter to be controlled as part of a reserved matters planning application.
Aboricultural Impact Assessment Surveys identified 65 individual trees, 24 groups of trees and one hedge. Of these the survey indicated 20 trees and five groups in “category B” and therefore of moderate to high quality/value. In respect of the proposed layout (including access details applied for at this stage) it would result in the loss of 7 category B trees and 1 group (indicated as T11, T12, T16, T21, T22, T27, T28, T37, T38, T47, T49, T51, T52, T53, G1 on the submitted plans). The assessment concludes that “the formation of a new green corridor through the site with the inclusion of widespread tree planting will both link existing internal and external green infrastructure and form an important long-term habitat and landscape feature within the locality, thereby providing considerable long term mitigation for any necessary immediate tree losses”.
Phase 1 Habitat Survey Few bird species were identified at the time of the survey and no birds listed on Schedule 1 of the WCA (1981), as amended, were recorded at the Site or flying over the site at the time of the survey. None of the buildings had features to support roosting bats. A tree within the woodland to the north of the site was identified with a woodpecker hole. The consultants recommend the following:- 1. All areas of woodland, scrub, scattered trees and hard standing/bare ground to be removed to the west of the site 2. A bat transect survey should be undertaken to determine the extent of bat activity on the site 3. Remove tree with woodpecker hole under method statement with a licensed bat ecologist present 4. Before re-development commences treat all Himalayan balsam, Japanese Knotweed and rhodedendum occurring on the site 5. Plant listed native species in order to enhance biodiversity on the site.
Air Quality Assessment The proposed assessment indicates that the site is not within an Air Quality Management Area with background pollutant concentrations (N02 and PM10) for the current year and future year of development completion demonstrated to be below the respective air quality
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objectives. The assessment concludes “overall the proposed development is predicted to have a negligible impact on local air quality with respect to sensitive receptors located adjacent to the site and the surrounding road network”
Energy Statement Indicates a minimum Code for Sustainable homes level 3 for residential development and BREEAM “very good” rating for commercial. Indicates that a sustainability strategy is to be developed to address these themes. Indicates that one or more of the following renewable/low carbon technologies will form part of the sustainability strategy:- Heat pump systems, solar hot water collectors, integrated small scale wind turbines, photo voltaic, combined heat and power CHP, biomass.
Transport Assessment The site is accessed from adjacent residential and commercial areas and existing public transport services routes within 400 m of the site (Bus No’s 1, 2, 152 and 241). An existing traffic survey was undertaken in early 2011 and at that time the level of occupation on the site was approximately 90%. The main industrial units total 60,449 sq m and office space totals 2,972 sq m. At the time of the surveys 6,131 sq m of space was available at the site. Car parking provision is shown as:- Commercial – 968 Care home 31 Sheltered accommodation 27 ( NB now removed from the scheme ) Retail – 41 Hotel 92 Public House – 12 Related A3 – 10 ( NB Now removed from the scheme )
The assessment concludes that the Blackburn Road main site access junction is predicted to be within capacity of all of the 2012-21 assessment scenarios. The volume of traffic entering and leaving the Petre Road junction is to be reduced as a result of revised access arrangements. The junction of Blackburn Road with Whalley Road is forecast to remain within capacity by 2012 but by 2021 the junction is forecast to be over capacity. The applicant indicates, however, that forecast queue lengths are nonetheless that can be accommodated on the existing highway without impacting on the operation of neighbouring junctions. The M65 motorway junction is forecast to be within capacity for 2012-2021.
Noise Assessment Concludes that the majority of the site was predicted to fall within NEC A with a small area of the proposed residential development nearest to Blackburn Road predicted to fall within NEC B. It will therefore be necessary to implement measures within a small number of dwellings to ensure a commensurate level of protection against noise (measures outlined on page 18 of the noise report) Hotel will require double glazing and an acoustically attenuated ventilation system that does not rely on openable windows The orientation and layout of the proposed industrial and commercial units will minimise the potential disturbance to both new and existing residents.
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Phase 1 Contaminated Land Survey The study identified evidence of potential ground contamination on the site (made ground, gas oil tank, electricity substations, licensed waste management facility, gas from historical landfill), with plausible pathways to possible receptors, and therefore potential pollutant linkages have been established. As such it is recommended that an intrusive investigation be carried out to identify the presence, nature and extent of any contamination in the ground (bore hole testing).
Phase 2 Contaminated Land Survey Fifteen boreholes sunk by light cable and 27 boreholes by drive in window sampler technique (NB not all of the site was tested and buildings are in use and not demolished). A remediation strategy is recommended.
Applicant’s Assessment of Proposals Against the Draft National Planning Policy Framework
“Since our submission of this application on behalf of Goldtique Ventures Ltd the above Central Government planning documents have been issued and the draft NPPF is currently out for consultation until 17th October 2011. The underlining premise of the ‘Planning for Growth’ statement is to provide sustainable economic growth and jobs. LPAs should plan positively for new development and make every effort to meet housing, business and other development needs and wider opportunities for growth. They should be flexible and responsive regarding the supply of land for key sectors, including housing; foster economic growth; recognise the likely range of benefits; and not impose unnecessary burdens on development. Additionally it is noted that the SoS for CLG will take the principles of this statement into account when determining applications which come before him for decision. He will attach significant weight to securing economic growth and employment. These key principles are restated in the draft NPPF. In addition LPAs are encouraged to address barriers to investment and understand business needs in their and adjacent areas.
The draft NPPF requires LPAs to: allocate an additional 20% of sites for housing in the initial 5 year housing requirement to give choice and competition. Not rely on windfall sites for housing delivery, and certainly not in the first 10 years. to bring empty dwellings back into use. provide a wide choice of homes. reappraise previously allocated land and produce the SHLAA and Economic assessments together ensure viability and deliverability of sites they should not seek such a scale of obligations and policy burdens as to threaten the viability of a development schemes should be providing acceptable returns to willing landowners and developers to enable delivery of schemes LPAs should give positive weight to schemes for economic and housing development. Policy should avoid long term protection of employment land or floorspace
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and applications for alternative uses be treated on their merits having regard to market signals and the relative need for different land uses. The presumption on planning applications should be in favour of sustainable development and finding ways of overcoming substantial planning objections where practical and consistent with the Framework. Planning conditions should only be attached when they can be shown to be necessary, relevant, enforceable, precise and reasonable Planning obligations should only be sought if the following tests are met: necessary to make development acceptable in planning terms; directly relate to the scheme; and fair and reasonably relate in scale to the kind of development
Whilst the NPPF is currently draft PINS have been advised to give it weight in terms of appeals thus it is fair to surmise the principles should also be given weight in current application submissions.
The mixed use redevelopment of J7 Business Park provides a rare opportunity to deliver sustainable economic growth and jobs and address the required increase in sites for housing on a site, which is currently old, outdate and underused industrial ‘sheds’ yet within the existing urban boundary of Clayton le Moors. We have provided detailed reports on housing, economy/employment and retail matters and these detail the scheme and explain the increased number of jobs and range of jobs across all skill levels to be provided as well as addressing the lack of family housing by including 200 3 and 4 bed detached and semi detached homes with gardens. The housing element being the enabling element of the scheme to ensure a viable, deliverable and sustainable scheme on a site that would otherwise imminently become redundant”.
A design and access statement has been submitted with the planning application. This is summarised later in the report.
Planning history
(TNT Retail Express) 04/0223 ENCLOSURE OF AN EXTERNAL STAIRCASE A/C 27/04/2004 82/0268. CHANGE OF USE FROM INDUSTRIAL TO STORAGE AND DISTRIBUTION WITH ANCILLARY OFFICES. A/C 8.7.82 01/0135. ADVERT DISPLAY OF NON ILLUMINATED & INTERNALLY ILLUMINATED SIGNS. A/C 4.5.01.
(Unit 10) 02/0364 CHANGE OF USE FROM OFFICE TO PRIVATE HIRE BOOKING OFFICE A/C 19/08/2002
(Land at site entrance) 02/0060 USE OF LAND FOR SITING A PORTACABIN A/C 01/03/2002 95/0327. USE OF LAND FOR CAR SALES AND RENTAL, SITING OF PORTACABIN AND ERECTION OF BOUNDARY WALL. A/C 10.11.95 96/0559. DISPLAY OF EXTERNALLY ILLUMINATED ADVERTISEMENT. WITHDRAWN 23.6.97
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97/0062. DISPLAY OF 2 NON ILLUMINATED ADVERT BOARDS, AND 1NO ILLUMINATED ADVERT BOARD. A/C 4.4.97
(Gaskell Flooring) 04/0335 DISPLAY OF EXTERNALLY ILLUMINATED HIGH LEVEL SIGN. REFUSED 12.08.04
(Unit D6) 09/0226 CHANGE OF USE FROM BS (STORAGE AND MANUFACTURING) TO SUI GENERIS WASTE TREATMENT RECYCLING FACILITY FOR THE RECYCLING OF END OF LIFE TYRES AND WIRE FROM TYRES AND THE TRANSFER OF WASTE PLASTIC. A/C 09.12.2009
(Compound 2) 05/0256 RETENTION OF INDUSTRIAL BUILDING FOR MANUFACTURE OF CONCRETE PRODUCTS (CLASS B2) (RETROSPECTIVE APPLICATION).
(Land to west of site) 04/0008 ERECTION OF 2NO INDUSTRIAL UNITS (B2) WITH OFFICE ACCOMMODATION. A/C 26.08.04 98/0524. REGRADING OF FORMER ENGINE TEST BEDS TO PROVIDE AREA FOR STORAGE OF CARAVANS, PORTAKABINS, BOTTLED GAS, FORMATION OF TRAILER PARK, BUILDERS YARD CAR PARKING, AND ERECTION OF FLOODLIGHTS. A/C 3.2.99 98/0259. CHANGE OF USE FROM INDUSTRIAL UNIT TO A TAXI OFFICE. A/C 24.7.98 97/0384. CHANGE OF USE OF YARD AREA TO OPEN STORAGE OF RAW MATERIALS AND FINISHED GOODS, PARKING OF TRAILERS STORAGE OF PLANT EQUIPMENT, WITH ANCILLARY SALES. REFUSED 4.2.98 96/0354. INFILLING OF LAND TO FORM EXTENSION TO TRAILER PARK. A/C 10.10.96
Consultations
LCC Highways
Detailed comments will be reported at the meeting.
Following lengthy discussions and receipt of additional information LCC Highways has confirmed verbally that they would not raise an objection to the proposed scheme in principle but there is a need for mitigation in order to make this proposal acceptable. There will be an impact on the local highway network in terms of additional traffic. The impact will be greatest at the Hare and Hounds junction.. In order to mitigate impact the following is requested from LCC Highways:-
• Submission of Detailed Travel Plan for commercial and residential elements of the scheme to be submitted for approval prior to commencement of development
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• Applicant to enter into a Section 278 agreement relating to commercial and residential site entrances onto Blackburn Road. • A financial contribution of £600,000 for the provision of a bus service (for at least 3 years) through the site – payment upon completion of the 50 th residential property. • A financial contribution of £100,000 towards Pennine Reach and/or improvements to the Whalley Road transport corridor. • A financial contribution of £15,000 to enable a study to be undertaken looking at the four signalised junctions once the development is complete.
Highways Agency
A holding direction has been issued. It is likely that this will be withdrawn by the date of the Planning Committee meeting. Unless this is removed by Planning Committee members will not be able to consider the application. Detailed comments from the Highways Agency will be reported at the meeting.
LCC Ecology
In my opinion, re-development of this site is unlikely to result in any significant impacts on biodiversity. Provided mitigation can be secured by planning condition, the proposals should therefore be in accordance with the requirements of relevant biodiversity legislation, planning policy and guidance.
Therefore, if Hyndburn Borough Council is minded to approve this application, the following planning conditions should be attached:
• Tree felling, vegetation clearance works, demolition work or other works that may affect nesting birds will be avoided between March and July inclusive, unless the absence of nesting birds has been confirmed by further surveys or inspections. [reason: avoidance of impacts on nesting birds; compliance with the Wildlife and Countryside Act 1981 (as amended)]
• If the sycamore tree identified by Delta-Simons as having low potential to supporting roosting bats is to be felled then reasonable avoidance measures/a soft felling approach shall be adopted under the supervision of a suitably licensed bat consultant. [reason: precautionary measures for the avoidance of impacts on bats; compliance with Wildlife and Countryside Act 1981 (as amended), the Conservation of Habitats and Species Regulations 2010]
• A landscaping scheme (to include habitat creation, enhancement and management) shall be submitted to Hyndburn Borough Council for approval in writing in consultation with specialist advisors. The approved scheme shall be implemented in full. The scheme shall demonstrate adequate replacement tree and hedgerow creation to compensate for any losses. The scheme should include a high proportion of locally appropriate native species and, where non-native and ornamental species are included, these should be of known value to local species of biodiversity value (including bats, birds, and invertebrates). [reason: maintenance and enhancement of biodiversity value; compliance with PPS9]
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• Japanese knotweed (Fallopia japonica), Himalayan Balsam (Impatiens glandulifera) and Rhododendron shall be eradicated from the site and working methods shall be adopted to prevent the spread of this species. [reason: to prevent the spread of species listed on Schedule 9 of the Wildlife and Countryside Act 1981 (as amended)]
• All trees and hedgerows being retained within or adjacent to the application area will be adequately protected during and after construction. Existing guidelines (e.g. BS5837: 2005 Trees in relation to construction - Recommendations) will be adhered to.
The applicant should also be aware that the legal protection afforded to protected species applies even once planning consent has been granted such that, if the presence of protected species is suspected at any time during works, works must cease and an ecological consultant/Natural England should be contacted for advice.
United Utilities
No objection
Electricity North West
Does not raise an objection but states that If planning permission is granted the applicant should verify such details by contacting Electricity North West Limited. The applicant is advised that should there be a requirement to divert any apparatus because of the proposed works the cost of such a diversion would usually be borne by the applicant.
Head of Housing and Regeneration
“1. Employment creation . The proposal to create 2100 jobs is to be welcomed. As you are aware, the site has been underperforming as an employment provider for many years. This is largely due to the fact that the premises are not fit for modern business practice and have been used mainly as low level storage. However I acknowledge that there is a small proportion of higher level activity on the site (aerospace and advanced manufacturing).
Although the increase looks impressive I have to repeat my previous observation that this proposed increase in job creation is only a fraction of what could be achieved were the whole site to be retained and redeveloped for employment uses only .
I also acknowledge the developers’ insistence that residential development is needed to make the site viable. Having received a financial appraisal for the development, it is clear that this is in part due to the high acquisition cost of the site, and in part a function of present market conditions. Indeed, the appraisal's revenue assumptions were overly optimistic, and yet using these figures the project remains only marginally viable.
It can be argued that the need to demonstrate viability has been the real driver behind determining the housing/commercial split of the site.
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Looking at the area remaining for commercial development, the planning application proposes that the largest single use will be for office space B1(a): 16591 sqm. According to the Homes and Communities Agency official publication "Employment Densities Guide - 2nd Edition 2010" the employment density for B1(a) General Office activity is 12sqm of Net Internal Area per employee and includes HQ, admin and 'client facing' office types. According to this typology the planning application proposes to create 1382 office jobs. This is 66% of the total 2100 jobs to be created which seems high for a Borough whose main economic driver is manufacturing.
I would welcome therefore some statement, or market analysis which demonstrates the need for this level of office development. The formulae for calculating the job creation figures would also be appreciated.
I have shared this information with Land and Property colleagues at Regenerate Pennine Lancs, and await their views on the demand for this level of office space.
2. S106 – The general public have already made a number of comments regarding the loss of employment land (See attached pdf) and we need to ensure that the remaining employment land is protected and developed. As such I would recommend that the site is developed in stages with a proportion of housing and B1, B2 or B8 being developed simultaneously. The schedule would look like this:
1)25% housing and 25% of B1, B2 or B8 built -Total 25% housing 25% B1, B2 or B8 built 2) 25% housing and 25% of B1, B2 or B8 built -Total 50% housing 50% B1, B2 or B8 built 3) 25% housing and 25% of B1, B2 or B8 built -Total 75% housing 75% B1, B2 or B8 built 4) 25% housing and 25% of B1, B2 or B8 built -Total 100% housing 100% B1, B2 or B8 built I would argue that the other non residential class uses can only be developed once the 1 st 25% of housing B1, B2 or B8 has been built.
The reasoning behind this approach is that the developers have stated that the need for housing on the site is to cross subsidise the provision of increased employment opportunities. The phased development would ensure that employment opportunities are brought on stream and that employment land is not permanently lost to residential development.
3. Demolition With regards to demolition, I am quite relaxed about this and feel that the practical need for the developer to continue generating income will create a phased demolition process. There are already large cleared areas of the site where housing can be built without the need for demolition. If the developers are hoping to relocate some of its existing commercial tenants into the new development, then it would make sense to retain them on site in their existing units until a new unit is ready for them . Perhaps it might be wise to request a demolition plan from the developers”
Hyndburn Housing Strategy & Policy Manager
Residential Proposals: We are generally happy with the proposals for housing on the western part of the site.
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The proposed mix of predominantly larger family sized houses match the housing needs requirements of the Housing Needs Assessment and the Strategic Housing Market Assessment and will assist in making a contribution to diversifying the housing market in an area with a predominance of 2 bed terraced houses.
Sheltered Housing and Care Home: We are not so comfortable with these proposals. Work undertaken recently into the review of housing related support services for older people by the Lancashire Supporting People Partnership has indicated an over supply of general sheltered accommodation for rent. There are always some units which are difficult to let but this does depend on location, quality, standard etc. It is also not clear whether the sheltered units proposed will be for rent or sale or a leasehold type model? Or what element of care and support would be provided. If it were to be on a leasehold basis then it might be attractive to another group in the housing market place (eg owner occupiers) rather than 'traditional' social housing tenants.
Hyndburn BC are still supportive of the development of an extra care sheltered facility in the Borough although the most appropriate model will need to be explored in some detail to ensure it a) meets local needs b) is a workable and sustainable model and c) is financially viable. A mixed tenure scheme would still be acceptable.
The following is a comment from Ann Smith, LCC Locality Commissioning Manager for Adult and Community Services
“There have been a couple of recent new schemes in other parts of the country that work on a hub and spoke model which may fit what they are proposing with the residential unit, however the successful ones have been where there is a buildings based extra care scheme with surrounding bungalows/flats for people with other needs such as physical or learning disabilities.”
She also makes the following comment about the proposals for the ‘care home; - “In terms of residential care we often get approaches about feasibility and generally try and discourage more residential care, I notice that there is a residential care home across from the new development - Hope House Residential Home is within 800 metres. Across the county some residential beds are empty, figures for East Lancs and Hyndburn are 400 and 100 respectively, so it’s a risk for anyone opening a new scheme especially as our fees may not generate the financial return they expect.” Lancashire County have substantial numbers of vacancies, which is a cause of concern and have been closing residential care homes over the last 10 years or so (egHill Top, Baxenden) and now encourages ‘long term care in the community where possible using extra care type schemes.
Affordable housing: In terms of the affordable housing element of the development we would wish to see affordable housing provided across the entire residential development (pepper potted) and not see it confined to the sheltered accommodation units only.
I am also unclear about the point being made in respect of paragraphs 4.4 and 5.27 in the ‘Planning Case and Housing Assessment’ document submitted re the reference to sheltered housing and affordable housing in Annex B of the revised PPS3 (June 2011)?
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Hyndburn Chamber of Commerce
No comments received
Environment Agency
No objection subject to a condition relating to land contamination and remediation.
Police Liaison Officer
No comments received
Electricity North West
No objection although includes information in respect of contacting Electricity Northwest should any part of the development have an impact on apparatus owned by Electricity North West.
Hyndburn Parks and Open Spaces
No objection subject to a payment of £260, 711 for the maintenance and improvement of off site public open space in Clayton le Moors
Hyndburn Environmental Health
Contaminated land: The development shall not be occupied until the remedial/protection measures included in the Phase II report have been fully implemented and completed. Once the development is complete, a Site Completion Statement detailing the remedial/protective measures incorporated into the extension hereby approved shall be submitted to and approved in writing by the LPA in full prior to the first occupation and use of the site.
Noise: The development shall not be occupied until the remedial/protection measures included in the Miller Goodall report have been fully implemented and completed. A further noise survey should be submitted at reserved matters stage to reflect the position and use of buildings (ie layout) applied for at that stage.
Once the development is complete, a Site Completion Statement detailing the remedial/protective measures incorporated into the extension hereby approved shall be submitted to and approved in writing by the LPA in full prior to the first occupation and use of the site.
Restrict use Class to B1 (no B2 or B8 use class) to all industrial units which are immediately adjacent to residential properties.
Light: The applicant shall follow the Institute of Lighting Engineers *Guidance notes for the reduction of Light Pollution* when erecting floodlighting.
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Hyndburn Waste Manager Officer
No objection subject to a financial contribution towards bins for residential properties
Hyndburn Trees and Woodland Officer
“The indicative landscaping plans for this proposed development mostly seem to be in the right context, however I do feel that it would be appropriate to include woodland planting down the central open space.
With regard to this application and the outline planning permission I recommend that no trees or hedges are pruned or removed until such time as a full landscaping scheme has been submitted and approved. Obviously this means that a full layout will also be required. I feel it is important at this stage to protect every tree and hedge even those that are proposed for removal as part of the scheme, this is to protect the public interest in the event that the development does not move on to the next stage. It is also to protect against changes to the indicative layout - as layout is not a part of this application to allow removal of any trees at this stage would be premature and could result in unnecessary losses. The exception to this would be the category R trees that are recommended for removal regardless of any development proposals”.
Sport England
No objection
Notifications
Site and press notices posted and immediate neighbours notified by letter (the application has been advertised as a departure from the adopted Hyndburn Borough Local Plan).
The following summarised notification responses have been received (6 representations received):-
• The congestion and impact on existing residents and roads if Charles Street was opened up to buses would not be acceptable. • There is no need for a hotel on the site given the Dunkenhalgh opposite and other hotels in the area. • The traffic flow on Whalley Road is already too high and this would be exacerbated with the erection of additional dwelling - a bus service through the site would make little difference as most people could not reach their place of work by public transport. • There are already difficulties for residents trying to get to Whalley Road from Charles Street particularly at peak times – a bus service would make things worse. • The junction of Charles Street with Rishton Road is tight – how could buses negotiate this route? • Adverse impact on the quiet enjoyment of a residential area if Charles Street is used by buses.
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• Unless there are expressions of interest the employment benefits of the proposed development 2might be overly optimistic with the existing number of empty business units in Hyndburn and the surrounding areas” • Is the predominance of old terraced houses an issue for Clayton le Moors? • What provision is to be made for car parking for the hotel, restaurant, PFS etc as at present the estate roads are congested • The proposal for a hotel/restaurant and PFS appears to be along the lines of Darwen’s junction of the M65. • This application should be assessed against other consented schemes such as Clayton Triangle and the traffic implications looked at properly.
Relevant policies
Saved Policies in the Hyndburn Borough Local Plan
E3 (Woodlands, Trees and Hedgerows) E10 (Development Criteria) E15 (Public Art) I1 (Business, Industry and Storage) I2 (Improve or Redevelopment of Industrial/Warehouse Premises) H2 (Housing) H5 (Recreational, Play and Amenity Open Space) R2 (Use Classes A1, A2 and A3) R3 (Non Major Retail Development) R5 (Shops Serving the Local Community) TR1 (Reduce Need to Travel)
Adopted Regional Spatial Strategy NW
W1 (Strengthening the Regional Economy) W3 (Supply of Employment Land) W4 (Release of Allocated Employment Land) W5 (Retail Development) DP1 (Spatial Principles) DP2 (Promote Sustainable Communities) DP3 (Promote Sustainable Economic Development) DP4 (Make the Best Use of Existing Resources and Infrastructure) DP5 (Manage Travel Demand, Reduce the Need to Travel and increase Accessibility) DP7 (Promote Environmental Quality) EM2 (Remediating Contaminated Land) L4 (Regional Housing Provision) L5 (Affordable Housing) RT2 (Managing Travel Demand) EM17 (Renewable Energy) EM18 (Decentralised Energy Supply)
Hyndburn Core Strategy (Submission Edition)
Policy E1 (Future Employment Provision) Policy E2 (Protection, Modernisation and Development of Employment Sites)
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Policy H1 (Housing Mix) Policy H2 (Affordable Housing) Policy HC1 (Green Space and Facilities for Walking and Cycling) Policy Env3 (Landscape Character) Policy Env4 (Sustainable Development and Climate Change) Policy Env5 (Renewable Energy) Policy Env6 (Highway Quality Design) Policy Env7 (Environmental Amenity) Policy T1 (Improve Connectivity) Policy T2 (Cycle and Footpath Networks)
National Planning Policies
PPS 1 (Delivering Sustainable Development) PPS 3 (Housing) PPS 4 (Planning for Sustainable Economic Growth) PPS 5 (Planning for the Historic Environment) PPS 9 (Biodiversity and Geological Conservation) PPG 13 (Transport) PPS 22 (Renewable Energy) PPS 23 (Planning and Pollution Control) PPS 25 (Development and Flood Risk) PPG 24 (Planning and Noise)
Other Material Planning Considerations
Hyndburn Housing Needs Assessment 2008
Hyndburn Employment Land Assessment 2008
Hyndburn Car Parking and Access Standards (adopted December 2010)
Ministerial Statement (Planning for Growth) 23 rd March 2011
Draft National Planning Policy Framework
Observations
The principal issues for consideration relate to land use principle, environmental and economic regeneration, highway safety/accessibility, visual and residential amenity, environmental considerations and planning gain (including the phasing of development). Taking each in turn;
Land Use Principle
Part of the site (referred to as Site G “GEC Test Beds Site, Clayton le Moors2) is allocated for employment purposes under saved Policy I1 of the Hyndburn Borough Local Plan. Policy I1 permits Class B uses on this site. Currently this part of the site includes the storage of a number of caravans.
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The remainder of the site is used for employment purposes including B1, B2 and B8 units. Saved Policy I2 of the Hyndburn Borough Local Plan states “applications for planning permission to provide, improve or redevelop industrial or warehouse premises within the urban boundary will normally be permitted provided that adequate provision is made for servicing, access, car parking, landscaping, noise and smoke/dust emissions. Proposals which conflict with surrounding land uses or adversely affect adjacent residential areas will not normally be permitted”
The Hyndburn Core Strategy has been submitted to the Planning Inspectorate and an examination in public has now taken place. The Hyndburn Core Strategy is scheduled for adoption in the next couple of months. Given the advanced stage of the Hyndburn Core Strategy (including numerous rounds of public consultation) officers attach significant weight to Policy E2 (Protection, Modernisation and Development of Employment Sites). The policy reads as follows:-
a. Existing business parks, major industrial estates and other good quality employment sites will be retained for employment uses. b. The development of existing employment sites of adequate quality for alternative uses will only be permitted when part of the site is redeveloped for appropriate employment (within class B1) and where the criteria set out in part (c) below are satisfied. c. Employment sites not falling within the scope of a or b above will remain in employment use unless it can be demonstrated that:
• Continued use of the site would give rise to unacceptable environmental impacts, or; • There is no current or likely future demand for the site or premises for employment uses, or; • Permitting an alternative use is the only viable means of retaining a building or premises which has particular architectural or historical significance.
In all cases, redevelopment for alternative uses should not prejudice the operating conditions of other remaining employment uses”.
In the case of the application site the Hyndburn Employment Study 2008 categorised the application site as a good quality employment site. Indeed the site is perhaps one of the best in the Borough in terms of convenient and easy links to the M65 motorway.
The proposal therefore fails to accord with policies I1 and I2 of the Hyndburn Local Plan and Policy E2 of the Hyndburn Core Strategy. However, there are other material planning considerations that need to be weighed against this and these are as follows:-
Whilst the existing buildings on the site are in the main let the number of people employed per square metre is low (according to the applicant 310 employees currently on the site). Whilst it is proposed to redevelop less land for employment purposes than is currently the case, the redevelopment scheme would include more B1 floorspace than is currently the case and therefore if the site were redeveloped more people would be employed on the site than is currently the case.
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The applicant has reviewed initial estimates in terms of the number of jobs that would be delivered from the site if the permission were to be implemented. Initially the applicant had indicated that it would be 2100 jobs. However, in response to comments made by the Council’s Regeneration Department the applicant has taken a closer examination of current demand and trends particularly in respect of “B” (employment) development and has submitted the following employment density schedule (the new estimate is 1,538 jobs):
B1a (Offices) – 517 jobs B1b (Research and Development) – 127 jobs B1c (Light Industry) – 133 jobs B2 (General Industry) – 209 jobs B8 (Storage and Distribution) – 26 jobs C1 (Hotel) – 150 jobs C2 (Care Home/Extra Care) – 250 jobs D2 (Assembly and Leisure) – 4 jobs A4 (Pub) – 18 jobs PFS (Sui Generis) – 5 jobs A1/A5 (Retail/Hot Food Take-away) – 99 jobs
The applicant has used Employment Densities Guide, Second Edition 2010 prepared by Drivers Jonas DeLoitte to calculate the figures. The applicant has indicated that in addition to the above the proposal would generate some 300-400 construction jobs.
The part of the site currently allocated for employment (ie Site G on the Hyndburn Borough Local Plan proposals map) is currently used for the storage of caravans. This approximately 3 hectare site provides for very few jobs at all and is not attractive in visual amenity terms. This situation could continue for a long time. Indeed this part of the site has not been developed since 1996 when the Local Plan was adopted. There is an opportunity to address this matter through the re-development of the whole of the site and to deliver more jobs on the site as a whole when compared to the existing situation albeit with a reduction in land take for employment purposes.
Some of the existing buildings on the site are in poor condition and will require significant investment (including sprinkler systems, replacing roofs etc) to bring them up to modern and safe standards. The applicant bought the site at the peak of the market for over £20 million. Re-development of the whole of this site for employment purposes seems unlikely in the coming years taking into account viability and market conditions. The site is now worth much less than £20 million and accordingly one must question whether there will be significant reinvestment in this site in the coming years unless the applicant can realise some capital from other non employment uses.
The site is excellent in terms of its location and in particular proximity to the M65 motorway. However, the site does not have the appearance of a “premier business park”. The buildings are old and are not set within attractive landscaped grounds. The provision of quality and modern buildings set within a high quality landscaped business park setting would seek to create the right image for employers. In other words the proposal would have environmental regeneration benefits and the whole scale redevelopment of the site
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is more likely to result in the creation of more jobs and interest in the site when compared to the existing situation.
The applicant proposes to erect 198 dwellings on part of the site. The additional houses are not needed in terms of the Council’s requirement to make available suitable housing land for housing. Indeed the Council has prepared a Strategic Housing Land Availability Assessment and this includes sufficient land for housing excluding the application site.
However, the number of dwellings being built at this moment in time is very low at approximately 50 per annum. In addition whilst the Council has a lot of land for housing many of the sites would not provide the same opportunities to deliver higher end and quality houses in a desirable and accessible location. Currently the site has only adequate public transport provision close by (the site has a medium accessibility score in terms of the submitted accessibility questionnaires) although does have good motorway links and is within walking distance of a large park and a town centre. Officers acknowledge that the existing site does have only a medium accessibility score (this is the low end of medium). The applicant is seeking to address this issue in terms of improved public transport links both within the site and from both Blackburn Road and Charles Street. In addition the development will include cycle routes and cycle storage facilities. Planning conditions are recommended in respect of the preparation and implementation of green travel plans for both the residential and commercial developments.
In addition the erection of additional dwellings close to Clayton le Moors town centre is likely to have some positive benefits in terms of the vitality and viability of such a centre. Additional footfall from almost 200 houses will help to sustain some of the local facilities in the town centre. The applicant proposes a good mix of semi detached and detached houses (2, 3 and 4 bedroom) and if the scheme were implemented it would make significant contribution towards re-balancing and improving the housing offer in Hyndburn characterised by a high proportion of high density terraced housing and a lack of choice. There is no doubt, therefore, that the early implementation of this development scheme would seek to address a number of issues as identified in the Council’s Strategic Housing Market Assessment 2008.
The Pennine Lancashire Spatial Guide identifies this part of Pennine Lancashire as an area of strategic change and these proposals are suitably in line with the Spatial Guide.
The applicant has indicated a willingness to provide 20% affordable housing on the site (ie 20% of the 198 dwellings) but would want to revisit viability at a later date. Affordable housing as defined in annex B of PPS 3 (June 2011) as including “social rented, affordable rented and intermediate housing, provided to eligible householders whose needs are not met by the market. Affordable housing should meet the needs of eligible households including availability at a low cost enough for them to afford, determined with regard to local incomes and local house prices…and include provision for the home to remain at an affordable price for future eligible households or, if these restrictions are lifted, for the subsidy to be recycled for alternative affordable housing provision ”. The provision of affordable housing on the site is a positive material consideration in favour of allowing the proposed development and is a matter that could be controlled by planning condition. For the avoidance of doubt PPS 3 states that “ the terms `affordability’ and ‘affordable housing’ have different meanings. ‘Affordability is a measure of whether
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housing may be afforded by certain groups of households. ‘Affordable housing’ refers to particular products outside the main housing market”
The applicant has been keen to stress at both pre-application advice, community involvement and application stages that this mixed use proposal is capable of being delivered within a short period of time. Officers would have concerns if planning permission were granted to then be faced with a situation where all existing buildings on the site were demolished and the site not re-developed within a short period of time. The applicant has been in discussions with a major house builder (also specialising in commercial development) for about a year although it is understood that to date there are no joint venture/developer/option agreements in place. The applicant has, however, provided a letter from the house builder presumably to demonstrate a commitment to re- develop the site in the event that planning permission is approved.
The Local Planning Authority cannot control market conditions and there are no real guarantees that the site will be re-developed if permission is granted. However, the Local Planning Authority can nonetheless but in place safeguards regarding the demolition of buildings on the site and in respect of the length of time for submission of reserved matters application. This application is contrary to policy and the applicant in part justifies the development on the basis that employment/housing development will commence within a short period of time. Officers therefore recommend a reduced time period for submission of reserved matters and controls relating to when and how many houses can be built as well as a phased programme of demolition. Without these controls there is a danger that either nothing will happen at all (other than demolition) or only houses (or non B1 commercial development) will be built.
Officers would not support this scheme unless controls could be put in place that ensured that employment space was provided as well as houses. Officers have negotiated phasing controls to be included in the Section 106 agreement (see later section of report). Officers originally considered four phases of 25% housing and 25% B1, B2, B8 but following further discussions with the applicant about viability and deliverability officers (including Hyndburn Regeneration) considered that the applicant’s favoured 30%, 30%, 30% and 10% approach would be reasonable. The phasing would allow the extra care and care home proposal, PFS, hotel, pub and neighbourhood centre to be built out at any time.
The applicant originally proposed a sheltered housing development for part of the site. Following further discussions with Council officers as well as a closer examination of market interest/demand the applicant has amended this aspect of the scheme so that only an extra care & care home facility is proposed. The policies relating to this site do not include C2 or equivalent uses as providing for employment; the policies relate to B1, B2 and B8 development proposals. However, an extra care & care home type facility would together lead to more jobs than a traditional sheltered housing/care home scheme and to that extent the amended application is more positive from a job creation point of view. A planning condition is recommended in respect of allowing only an extra care / care home facility for the site and no other use falling within Use Class C2.
In addition to the above members should be aware that there is a need for more specialist accommodation (eg extra care type facility) in the Borough for older people as indicated in the Council’s Strategic Housing Market Assessment 2008. Officers therefore attach some
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weight to a proposal of this kind on the site (despite the conflict with policy) but again this is subject to early implementation given that there is little development activity of this kind in the Borough at this moment in time. That could of course change in the future.
The applicant has proposed a neighbourhood centre including A1 retail floorspace. Representations have been made raising concerns about the impact of such development on Clayton le Moors Town Centre. National planning policy advice in the form of PPS 4 indicates that there is no automatic requirement to submit an impact assessment for the site. Indeed Policy EC14 states “an assessment addressing the impacts in Policy EC16.1 is required for planning applications for retail and leisure developments over 2500 sq m gross floorspace or any local floorspace threshold set under policy EC3.1.D not in an existing centre and not in accordance with an up to date development plan..In advance of development plans being revised to reflect this PPS an assessment of impacts in policy EC16.1 is necessary for planning applications for retail and leisure developments below 2500 square metres which are not in an existing centre and not in accordance with an up to date development plan that would be likely to have a significant impact on other centres” .
Whilst officers acknowledge that there is no need to address impact on Clayton le Moors Town Centre, when PPS 4 is taken into account, nonetheless one very large retail unit (eg selling food or other items) may have the effect of competing with existing supermarkets in Clayton le Moors Town Centre (eg Co-op or Spa) and that could be detrimental in vitality and viability terms. Furthermore the applicant indicates in the design and access statement (and accompanying reports) that a neighbourhood centre/parade of shops would be provided on site providing a choice of local facilities for both residents and users of the proposed business park. The applicant has therefore agreed to subdivide the proposed retail floorspace into a number of small A1 retail units and one A5 hot food takeaway unit.
The applicant has undertaken to prepare a sequential assessment in respect of the retail proposals and this has shown that there are no suitable or available units within Clayton le Moors Town Centre that could reasonably accommodate units as proposed for the neighbourhood centre. The applicant has completed a survey of Clayton le Moors Town Centre and this has shown that 36 Pickup Street and 29 Pickup Street are for sale/to let. These units are respectively 712 sq ft and 770 sq ft. The applicant has proposed a number of A1 retail units and one A5 unit within one neighbourhood centre with a total gross floorspace of 1844 square metres. The individual unit sizes being proposed are in the main larger than are available at 36 Pickup Street and 29 Pickup Street. Vacancy rates are low in Clayton Le Moors Town Centre and therefore officers do not consider that the proposed neighbourhood centre (as configured in the submitted Area Schedule) would undermine the overall vitality and viability of such a centre. The applicant has agreed to provide a financial contribution towards environmental improvements in Clayton le Moors Town Centre. This will assist in ensuring that the centre remains attractive to future investors/shoppers and that the relatively low vacancy rate in the town centre is addressed. In addition to this officers acknowledge that the neighbourhood centre, whilst associated with the proposed housing and employment developments, would assist from the point of view of financial cross subsidy.
Subject to restrictions relating to the size and number of retail units (see recommended conditions) officers consider that this part of the development (as a proportionate
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component of the whole scheme) in essence amounts to “small parades of shops” of a purely neighbourhood significance and that impact on Clayton le Moors Centre would not be significant. Officers are satisfied that subject to restrictions this aspect of the proposed scheme would suitably accord with Saved Policy R5 of the Hyndburn Borough Local Plan that states “applications for the provision of shops within class A1 of the Town and Country Planning (Use Classes) Order 1987 serving a local community will normally be permitted provided that the use would not cause detriment to local amenities by reason of noise, car parking, servicing, loss of visual amenity or general disturbance”. Officers recommend a condition to control odour in respect of the A5 use, the pub and hotel (the latter of which will likely include an ancillary restaurant).
In recognition that the planning application is contrary to policy as well as the close relationship of the site with Clayton le Moors Town centre the applicant has agreed to offer £50,000 towards environmental improvements (eg shop front improvements) in Clayton le Moors Town Centre. There is an opportunity for Clayton le Moors Town Centre to benefit from this scheme in terms of additional footfall in the area. Indeed 198 dwellings are proposed. The £50,000 will help to make the centre more attractive in environmental terms thereby encouraging more people from the application site to use the centre rather than travelling further afield by private motor vehicle. To this extent there are some sustainability benefits associated with this financial contribution.
A shop is proposed in association with the proposed petrol filling station but conditions are recommended to limit size and to ensure that such a shop is truly ancillary to the petrol filling station and with restrictions on the sale of items. Officers would have concerns if the shop was not genuinely ancillary to the petrol filling station given the potential for it to have an impact on Clayton le Moors Town Centre (particularly when considered against the proposed neighbourhood centre) or for it to become a shopping trip destination in its own right. The applicant has submitted a letter from “The Kay Group” that states “the general location is ideal for a modern petrol filling station and the services it can provide not only to the area of regeneration but to the existing infrastructure. It is also a strategic fit for our business based locally in Blackburn”.
In respect of the proposed hotel (60 bedrooms) this would be erected at the entrance to the site. There is an opportunity to erect a landmark gateway building at the entrance to the site and for such a hotel (to include say conferencing facilities) to functionally relate to the wider business park development proposals. It is understood that the owner of the nearby Dunkenhalgh Hotel (mainly focussing on weddings and events at the “higher end” of the market) has been in discussion with the applicant (a letter has been received from the owner of the Dunkenhalgh expressing interest in a further hotel) about providing a “sister hotel” on the site offering a mid price range facility and appealing to professionals and business people visiting and using the proposed business park. An email has been sent to the Local Planning Authority from the Dunkenhalgh Hotel (dated 10 th October 2011) that states “as a local business we would have no objection to the development at Junction 7 Business Park, in fact look forward to the development and the potential increased business to Hyndburn Borough and surrounding areas. As mentioned the owners and management company may be interested in discussing potential involvement in the proposed hotel development going forward”.
Whilst there may be a site available in more central location to accommodate a new hotel (eg one site in the centre of Accrington) this is not likely to be available within the next five
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years (it does not have planning permission and there are heritage and viability issues under consideration) and in addition there would in any event be some advantages in having a hotel on site in respect of its functional relationship with some of the proposed “B” uses for the site. In addition the applicant has indicated that some “higher value” uses (eg hotel, housing, petrol filling station) will be required in order to make this scheme viable and to enable early delivery. For these reasons officers are satisfied that the proposals (including a hotel and a small PFS) would not significantly conflict with policies in PPS4 and in fact would have the potential to enable the creation of a business park leading to economic growth. Overall the non planning uses remain ancillary and complementary in scale to the part of the site proposed to be developed as a business park.
On balance, whilst the proposal is contrary to Hyndburn Borough Local Plan and Hyndburn Core Strategy Policies, there are other material planning considerations that weigh in favour of approving this planning application. In this instance there is an opportunity to deliver good quality family housing (including care facilities for an ageing population) and a new premier business park with ancillary facilities set within an attractive parkland setting. Indeed such development would sit well against the relatively recently constructed Petre Court business park adjacent to the site. Allowing a short period of time for submission of reserved matters will enable to the Local Planning Authority to assess whether there is indeed a market for re-development of the whole of the site within a short period of time and whether the applicant can indeed secure an agreement with a developer to build out the scheme. Suitable controls are capable of being put in place to ensure that employment floor space is built out and not just residential floor space.
Environmental and Economic Regeneration
There can be no doubt that this proposal represents an opportunity to remove some industrial sheds that are not attractive in visual amenity terms and to put in place some modern and fit for purpose commercial buildings set within attractive landscaped grounds including a generous area of “open space” running through the heart of the site. If implemented this scheme would create a true business park setting on a site with excellent motorway links. The area of open space including provision of SUDS has both visual amenity advantages but also seeks to provide a green barrier and buffer between proposed commercial/employment development to the east and proposed residential development to the west.
Some of the existing industrial sheds are in close proximity to the boundaries of existing residential properties to the north of the site. Indeed the industrial sheds are visible when driving into Silverdale Close and abut the rear garden boundaries of such properties. There are clear opportunities to improve the amenities enjoyed by the occupiers of existing residents on Silverdale Close and Collingwood in so far that the proposed layout proposes more compatible uses along northerly boundaries and affords an opportunity to erect more attractive buildings and to put in place additional boundary planting in such areas. Officers attach some weight to the environmental regeneration benefits associated with these proposals. However, officers are mindful that this is an outline application (layout details are not being applied for at this stage) and accordingly consider it to be necessary to impose a minimum open space /buffer area threshold (ie to accord with the site area shown on the submitted indicative layout plan) in order to ensure that any reserved matters planning application submission does not significantly depart from the
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design principles as shown on the indicative layout plans. Access details have been applied for (this includes internal roads and pathways as defined in the Development Management Procedure Order) and therefore layout is to some degree fixed.
The applicant has submitted an employment and economic statement as part of the planning application submission. The applicant considers that there is an economic case in favour of allowing this planning application and this is summarised as follows:-
• The site is mainly occupied by B8 warehousing operators who occupy 90% of the accommodation with flexible lease terms and break clauses • The site’s tenants employ 310 people and there is some 60,447 sq m of floorspace on the site • The buildings are obsolete and not fit for purpose – the current insurers (AXA) have indicated that they will not insure the estate after the next two years if the buildings are not fully sprinklered. • The existing ring main is causing problems as it is 70 years old and need replacing before is causes too much damage to existing tenants • 8,082 sq m of floorspace is currently vacant (Bays 1-4 within A shop and Bays 6-9 within C shop) • If four of the largest tenants did not renew or break their leases in the next 12 months vacancy rates would jump to 50% of the main units. • Manufacturing is still one of the key drivers employing 23% of the workforce, but it has been in decline for a number of years….As a result of a declining manufacturing sector and limited diversification into growth sectors there has been an overall decline in employment in the Borough by over 7% between 1998 and 2006. • The Hyndburn Employment Land Study 2008 states (Chapter 4, paragraph 4,29 ) “there is a need in Hyndburn for new, modern employment facility. The existing stock provides a significant amount of low end occupiers to whom rent is the main factor when deciding on location. By consolidating these uses into a smaller number of sites within the Borough the opportunity exists to improve the environment in all of Hyndburn’s towns by disposing of some of the old industrial buildings and replacing them with new development that will attract employers to the area” • The proposed scheme would offer more jobs than currently on site and also a wider range of jobs from unskilled to managerial • The proposal is likely to phased over a 5-8 year period and in that time a number of construction jobs would be created sourced locally through liaison with Job Centre Plus • Strategic Employment Sites have not been built out in the Hyndburn Borough Local Plan period but there is an opportunity to deliver the proposed scheme at junction 7 as the residential development would lead to an “injection of pump prime investment” • In a letter dated 24 th October 2011 TNT state “I can confirm that we do wish to maintain a presence on the new development” • In a letter dated 27 th October 2011 CX Limited and Lancashire Education Business Partnership Ltd (trading as VIA Partnership commented that they “remain interested in being represented ultimately in the new scheme subject to further
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negotiations on detail. In addition we would be most interested to work with your clients in any skills and training aspects including apprenticeships”
Officers acknowledge that there are a relatively high number of employment sites in the Borough with old building stock. The site at Junction 7 is one of them. There is need and market for some of these sites in the Borough. The site at Junction 7 is 90% occupied and rents are low. However, the Borough is short of business park environments that will attract new employers to the Borough and deliver more and different jobs. Whilst some of the existing occupiers on this site would have to be relocated if this proposal was implemented, at this moment in time there is vacant stock in the Borough that could accommodate the type of business use commanding very low rents. The applicant has indicated that this may happen in any event as there is a need to invest in new sprinkler systems (in order that the buildings remain insured) and this would be too costly. Without sprinkler systems in place tenants run the risk of occupying existing premises without insurance. Major investors employing many people are not likely to take risks of this nature. Members should, however, be aware that the applicant purchased the site knowing that this was an issue although the reality of the current situation cannot be ignored.
The site is ideally located to the motorway network and is hence ideally placed from the point of view of attracting investors wishing to be based in a newly built business park setting with excellent associated facilities. Officers attach some weight to this possibility particularly given the lack of economic activity and growth in the Borough at this moment in time. Officers consider that this proposal, if controlled properly, has the potential to chime with the principles embedded in the Draft National Planning Policy Framework namely “that local councils should be positive and proactive in encouraging sustainable growth and addressing barriers to investment”…and that there is a presumption in favour of sustainable development designed to help turn the planning system round - from one focused on barriers to one that prioritises opportunities”.
In addition to the above the Ministerial Statement (Planning for Growth) states “The Government's top priority in reforming the planning system is to promote sustainable economic growth and jobs. Government's clear expectation is that the answer to development and growth should wherever possible be 'yes', except where this would compromise the key sustainable development principles set out in national planning policy”. Subject to controls relating to the phasing/demolition of development and a short period of time for the submission of reserved matters there are opportunities to realise significant growth and jobs from this site within a relatively short period of time and other factors have been given significant weight in reaching the recommendation.
Highway Safety / Accessibility
The applicant has submitted a Transport Statement with the application. Whilst the application has been submitted in outline it nonetheless seeks permission for access.
At the time that this report was written LCC Highways and the Highways Agency have indicated verbally that they raise no objection to the proposed development in principle. However, they do consider that there is a need for some mitigation as there will be an impact on traffic generation and movements in the locality. In particular there will be an impact on the Hare and Hounds signalised junction and without mitigation there would be
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queuing in some areas. In reality there is very little that can be done to improve the flow of traffic in the locality (i.e. limited scope for off site highway works through a 278 agreement) and therefore both the applicant’s consulting engineer and LCC Highways accept that mitigation should be in the form of financial contributions towards sustainable transport measures and travel planning. In order to make this scheme acceptable it is therefore recommended that the Section 106 agreement includes provision for a bus service through the site for three years and in addition a contribution towards the Pennine Reach Scheme and/or transport improvements on Whalley Road. LCC Highways request £15,000 for further assessments of the Hare and Hounds junction once the development has been completed. Controls are recommended in terms of the submission of travel plans for the residential and commercial elements of the scheme. These will need to be robust and include enforceable targets (and penalties) for minimising car usage.
LCC Highways has discussed the possibility of a “Travel Plan” contribution (£18,000) to cover LCC / Hyndburn BC Travel Plan officer review time. In this case and given the scale of development being proposed travel plan objectives need to be achieved as part of the Section 106 agreement. In this case officers consider that the request for £18,000 to review Travel Plans is justified given the scale of development proposed and the importance of ensuring that car usage is minimised in order to minimise the impact of the development on the local highway network including the Hare and Hounds Junction. In this case Travel Planning forms part of the proposed highway impact mitigation and therefore it is important that targets in Travel Plans are met and if necessary enforced.
The scheme proposes a bus, cycle and pedestrian link from and to the site at Charles Street. It is not proposed that private motor vehicles will use Charles Street and an electric “bus only” bollards would be erected at key points including Charles Street. Objections have been received from the local community about the use of Charles Street by buses and the potential for this to be used by private motor vehicles in the future. There are distinct advantages in terms of allowing a bus service(s) through the site from Charles Street. There are indeed a number of existing services linking the towns in the Borough from north to south. There are fewer services in an east-westerly direction and therefore public transport provision within the site and from Blackburn Road only would not seek to encourage as many people to arrive at and leave the site by public transport and therefore reduce reliance on the private motor vehicle. This aspect of the scheme represents a positive material planning consideration in sustainable transport terms although planning conditions are necessary to ensure that both the spine road and electronic bollard system is in place at an early stage in the development of the site. Without the bus service and associated infrastructure the scheme would be unacceptable.
Officers have considered representations made from the local community. In this case it is proposed that only a “hoppa” type bus service(s) runs through the site. A planning condition is recommended in respect of controlling the type of bus that can enter the site from Charles Street (ie only a hoppa bus). In addition it is proposed that the public transport bollard be adopted by Lancashire County Council. This would ensure that a public body had ultimate control in respect of ensuring that this part of the site was not opened up to the private motor vehicle in the future. Lancashire County Council has confirmed that this would not be allowed in the future as it would lead to “rat running” and that could have serious implications in terms of the safe operation of the local highway network. Hyndburn Borough Council officers would also wish to resist this from a
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residential amenity point of view. Subject to conditional control officers raise no objection to the provision of a bus link at Charles Street.
Visual and Residential Amenity
The applicant has submitted a design and access statement as part of the planning application submission. This is an outline planning application with only access applied for at this stage. The design and access statement and accompanying indicative plans are therefore important planning considerations as they provide an indication in terms of whether the site could suitably accommodate development from a design and access point of view.
Whilst layout is a matter to be determined at reserved matters stage the indicative layout shows 2.2 hectares of open space comprised of a linear park (with SUDS) and stretching from the site entrance to the north of the site and measuring between 40m and 60m in width. The “park”, or “green space” would include pedestrian and cycle access.
A petrol filling station is proposed away from residential properties but along the frontage with Blackburn Road and close to the Petre Road junction. A dedicated one way access would be provided from Blackburn Road with the exit being from the main access to and from the site.
All of the proposed houses are proposed to the west of the public open space and the employment, extra care facility and neighbourhood centre to the east. A hotel (with ancillary restaurant), pub (with restaurant) and office space is proposed along the site’s frontage. The original plans included a stand alone A3 restaurant along the site’s frontage. Officers had concerns about the number of eating and drinking establishments being proposed for the site and that originally the number was out of scale with the proposed business park environment. There were concerns that the site may become a drinking/eating destination rather than such development genuinely serving the needs of users of the business park. As a consequence the applicant has removed the A3 stand alone restaurant from the scheme and replaced it with additional employment floorspace.
A street-scene indicative plan has been submitted to provide an indication of the appearance of the proposed development when viewed from Blackburn Road. It shows that there is potential to create high quality and statement gateway buildings along the site’s frontage.
A tree lined boulevard is proposed along the main access within the site. Officers considered that there was merit in extending this along the Dunkenhalgh Way in the central reservation and on the roundabout at Junction 7. However, LCC Highways and Hyndburn Parks and Open Spaces did not favour trees in these locations due to highway safety and maintenance concerns. Consequently the applicant has agreed to offer £2000 for bulb/shrub planting on Dunkenhalgh Way and on the Junction 7 roundabout (see Section 106 section later in the report)
The applicant has agreed to provide public art on site. This would be at the entrance to the site. Details have not as yet been agreed and therefore a planning condition is recommended.
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The residential environment indicates the use of home zones and shared surfaces. It is proposed that the houses would range in height from two to three storeys and would each include front and rear gardens and off street parking. The applicant has indicated that the dwellings would be constructed in stone and that the commercial development would be constructed in part stone/part contemporary materials. Along the northern boundary of the site with existing residential properties the applicant has confirmed that no development would exceed two storeys in height.
The original plan included a building for the Sea Cadets within the heart of the proposed open space/park. This has now been removed and repositioned to the northerly section of open space/park and closer to the parade of shops. This has two advantages; it ensures that the appearance of the open space is not compromised and secondly it ensures that community/local shopping facilities are located in one area. The applicant has confirmed that it is still proposed that this building would be used by the Sea Cadets but that a planning condition allowing other “community uses” would be favourable as that would ensure a degree of flexibility.
Environmental considerations
In respect of drainage, noise and contaminated land matters none of the statutory consultees have raised an objection in principle to the proposed application. Nonetheless there is a need for a number of planning conditions to address a number of matters in the public interest. In this case the applicant is proposing to put in place sustainable urban drainage and to build energy efficient buildings. Officers have recommended a planning condition requiring homes and commercial buildings to be built at better than building regulation standards in the interests of sustainability and to ensure that the site has good environmental credentials. This is a positive material planning consideration when weighing all matters in the balance.
Section 106 Agreement/Planning Gain
The following Section 106 agreement requirements are necessary to make the scheme acceptable:-
• Requirement to submit Green Travel Plans for commercial and residential development prior to commencement of each phase of development and that the development accords with approved Green Travel Plans • For Hyndburn BC refuse/recycling bins (residential development) is £62.72 per dwelling - £12,418.56 • For bulb/shrub planting on Dunkenhalgh Way and/or Junction 7 Roundabout - £2000 • Public Open Space Contribution in lieu of on site provision (money to be spent on existing public open space site maintenance & improvement in Clayton le Moors) - £260,711 • Employment strategy preparation and implementation • Payment of £600,000 for the provision of a bus service through the site for at least three years (payment after the 50 th house has been built/completed). • A financial contribution of £49,000 towards Pennine Reach and/or improvements to the Whalley Road transport corridor.
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• A financial contribution of £18,000 for LCC/Hyndburn BC Travel Plan officer review time. • A financial contribution of £10,000 for the upgrading of three bus stops adjacent to the main site entrance. • A financial contribution of £15,000 to enable a study to be undertaken looking at the four signalised junctions once the development is complete. • Establishment of a management company to maintain unadopted areas (roads, green space, car parking areas). • Phasing – 1 st tranche 30% of houses and 30% of B1, B2, B8 floorspace, 2 nd tranche 30% off houses and 30% of B1, B2, B8 floorspace, third tranche 30% off houses and 30% of B1, B2, B8 floorspace and fourth tranche 10% of houses and 10% B1, B2, B8 floorspace NB In respect of the phasing and house building it will not be possible to move from one tranche to the other until all employment space has been first built out and made available for occupation within each phase. The phasing allows non B1/B2/B8 commercial development to be built out at any time. • Environmental improvements (including shop front/signage improvements) in Clayton le Moors Town Centre - £50,000
Officers attach some weight to the fact that the applicant is willing to erect a building on the site for use by the Sea Cadets. The Sea Cadets are currently occupying part of a site (“Clayton Triangle”) that is earmarked for re-development and accordingly are looking to find new premises so that they can continue to provide an excellent community facility.
Should Government Office decide not to call the application in for determination the Section 106 agreement would need to be signed to enable a decision notice to be issued.
Any off site works of highway improvement and affordable housing matters are to be dealt with by planning conditions.
Summary
This proposal is contrary to policy. Part of the site is allocated for employment purposes and the whole of the site is protected for employment purposes (B1, B2, B8) in respect of Policy E2 of the Hyndburn Core Strategy. Indeed the site has been classified as a good employment site in respect of the Hyndburn Employment Study 2008. However, this has to be balanced against some positive material planning considerations and these are as follows:
Whilst the proposal would lead to the loss of employment land the proposal would nonetheless lead to the creation of more jobs on the site than is currently the case (1538 jobs compared to the existing 310) and in addition would lead to the replacement of a number of obsolete / ageing buildings with modern and fit for purposes employment buildings. Officers attach some weight to the fact that the applicant is willing to erect a building on the site for use by the Sea Cadets. The Sea Cadets are currently occupying part of a site (“Clayton Triangle”) that is earmarked for re-development and accordingly are looking to find new premises so that they can continue to provide an excellent community facility.
The above will mean that houses are built on part of the site. The applicant has indicated that the quantum of proposed houses (198) is needed to cross subsidise new employment
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development. Some of the application site is allocated for employment purposes in the adopted Hyndburn Borough Local Plan (ie Site G) and part of the 198 houses would be erected on this part of the site. This part of the site is, however, currently used simply as a caravan storage park within very few jobs created from such a use. The early delivery of houses on this site, whilst not strictly needed from a SHLAA point of view, would nonetheless seek to provide quality family accommodation (likely to be built in stone) in an attractive location and would provide the cross subsidy needed to enable new employment development to be built out to the east of the site. Officers attach weight to the fact that this would have the potential of creating more jobs from the site than is currently the case. A reduced timeframe is proposed in respect of submission of reserved matters and commencement of development. In addition to this officers give some weight to the fact that affordable housing would be provided on site (20% of overall numbers as per the Hyndburn Core Strategy policy). Very few affordable houses are being built in the Borough at this moment in time.
In considering phasing the applicants have agreed to the various tranches listed in the section 106 agreement above. Officers must assume, therefore, that the applicant can deliver this scheme based on the agreed phasing. This reasonably ensures that the Borough is not faced with a situation where only houses are built on the site following demolition of existing buildings on the site. The inclusion of phasing in the Section 106 agreement gives the Local Planning Authority added security and certainty in respect of phasing matters.
The scheme, if implemented, has the potential to provide a top class business park within a well landscaped setting. A large area of open land is proposed with trees, ponds and pedestrian links. The provision of such land will not only serve to create an attractive business park setting but also to serve as a much needed buffer between proposed employment development to the east and proposed residential development to the west. This coupled with improvements to accessibility from the site (including hoppa bus service and pedestrian and cycle links) to Clayton le Moors Town Centre and other towns will seek to reduce reliance on the private motor vehicle in the interests of sustainability. This is a positive material planning consideration when compared to the existing situation.
Given the above officers are recommending approval of planning permission subject to the conditions listed in the report and subject to the applicant entering into a section 106 agreement the details of which have been listed in this report. If members wish to resolve to approve planning permission the application will first need to be referred to the Secretary of State as a departure from the development plan.
Recommendation
That subject to the Highways Agency withdrawing the holding direction the Chief Planning and Transportation Officer or Head of Development Management is given delegated authority to approve planning permission subject to the application not being called in by the Secretary of State for determination and subject to those with a legal interest in the land entering into a Section 106 agreement relating to matters listed in the report and subject to the following planning conditions:-
1 The development hereby approved shall be commenced before the
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expiration of two years from the date of this permission or 1 year from the approval of the last of the reserved matters as defined by condition 3 below, whichever is the later.
Reason: To ensure that the Local Planning Authority retains the right to review unimplemented permissions and to comply with Section 92 (as amended) of the Town & Country Planning Act 1990. A reduced period for submission of reserved matters has been imposed as the applicant has indicated, as part of the justification for the proposal, that additional jobs and growth would be realised within a short period of time and that this in part justifies why the proposal should be allowed notwithstanding employment land protection policies relating to the site.
2 The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details and any subsequently approved reserved matters.
Reason: For the avoidance of doubt and to define the permission.
3 a) Details of the reserved matters set out below ("the reserved matters") shall be submitted to the Local Planning Authority for approval within 1 year from the day of this permission: (i) layout; (ii) scale; (iii) appearance; and (iv) landscaping.
b) The reserved matters shall be carried out as approved.
c) Approval of all reserved matters shall be obtained from the Local Planning Authority in writing before any development is commenced.
Reason: To enable the Local Planning Authority to control the development in detail and to comply with Section 92 (as amended) of the Town & Country Planning Act 1990. A reduced period for submission of reserved matters has been imposed as the applicant has indicated, as part of the justification for the proposal, that additional jobs and growth would be realised within a short period of time and that this in part justifies why the proposal should be allowed notwithstanding employment land protection policies relating to the site.
4 In respect of each phase of development no development shall commence until details of surfacing materials for roads, pavements and paths have been submitted to and approved in writing by the Local Planning Authority. The development shall therefore accord with approved details.
Reason: In the interests of visual amenity and in order to comply with Policy E10 of the Hyndburn Borough Local Plan.
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5 No development shall be commenced until a scheme of pedestrian, bicycle and bus access from the site to Charles Street and within the site has been submitted to and approved by the Local Planning Authority. The submitted scheme shall ensure that private motor vehicles cannot enter the site from the junction of the site with Charles Street and that this part of the scheme shall be capable of being adopted by Lancashire County Council. The submitted scheme shall include details of the type of bus to use Charles Street (ie only hoppa buses or any bus of a smaller size). The submitted scheme shall include details of how and when the scheme will be implemented and details of signage. The development shall accord with the approved scheme/implementation details and shall be retained as approved unless otherwise agreed by the Local Planning Authority.
Reason: The provision of cycle, pedestrian and bus facilities within the site and to Charles Street (where there is access to a local park and the town centre) are necessary in order to encourage the use of sustainable modes of transport other than the private motor vehicle in accordance with PPG 13 and Policy Env 4 of the Hyndburn Core Strategy. A hoppa bus service using Charles Street would be acceptable in residential amenity and highway terms. However, larger buses may not be acceptable in residential amenity and highway terms and therefore the Local Planning Authority wishes to retain an element of control in respect of bus services using Charles Street.
6 A minimum of 22,400 square metres of open and landscaped land shall be provided on the site. The reserved matter application(s) shall ensure that such open space follows the design principles as laid out in the design and access statement / indicative layout plan accompanying this outline planning application and in particular should be located as to provide a buffer between employment/commercial development and residential development. The open and landscaped land shall be retained as approved.
Reason: In the interests of visual and residential amenity and in order to comply with Policy E10 of the Hyndburn Borough Local Plan
7 No more than 198 Use Class C3 dwellings shall be constructed on the site (inclusive of affordable housing).
Reason: The erection of dwellings on the site has been allowed as an exception to policy and in order to ensure that new employment development and additional jobs are created within a short period of time having regard to Policy I1 and I2 of the Hyndburn Borough Local Plan and Policies E1 and E2 of the Hyndburn Core Strategy.
8 Prior to commencement of development a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the local planning authority. The affordable
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housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex B of PPS3 or any future guidance that replaces it. The scheme shall include: i. the numbers, type, tenure and location on the site of the affordable housing provision to be made which shall consist of not less than 20% of housing (NB: The Local Planning Authority will only allow less than 20% affordable housing if it has first accepted and approved a satisfactory financial viability report); ii. the timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing; iii. the arrangements for the transfer of the affordable housing to an affordable housing provider[or the management of the affordable housing] (if no RSL involved) ; iv. the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and v. the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.
Reason: In order to comply with PPS3, Policy H2 of the Hyndburn Core Strategy, Policy L5 of the Regional Spatial Strategy NW and the Hyndburn Housing Needs Assessment 2008.
9 Notwithstanding details submitted with the planning application the reserved matters planning application (s) shall ensure full compliance with the Hyndburn adopted car parking and access standards (or any standards that replace it).
Reason: In order to ensure that there is adequate car parking on the site in the interests of highway safety and in order to comply with the Hyndburn car parking and access standards, Policy E10 of the Hyndburn Borough Local Plan and PPG 13.
10 Before any construction, engineering or demolition works commence on site details of facilities for the washing of the wheels of vehicles before leaving the site shall be submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be installed before any engineering or construction work commences on site and shall be retained for the full construction period.
Reason: To avoid the public highway being affected by the deposit of mud and/or loose materials which could create a potential hazard to road users and to comply with saved Policy E10 of the Hyndburn Borough Local Plan.
11 From the date of this permission no trees or hedges shall be pruned or removed (other than category R trees as indicated in the Arboricultural Impact Assessment prepared by Bowland Tree Consultancy Ltd) until such time as a full landscaping scheme (relating if necessary to the individual phases of development) has been submitted to and approved
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by the local planning authority.
Reason: In the interests of visual amenity and as layout and landscaping details have not been applied for at this stage and in order to comply with PPS1, Policies E10 and E3 of the Hyndburn Borough Local Plan and Policies Env 3 and Env 7 of the Hyndburn Core Strategy.
12 Notwithstanding any indication on the approved Area Schedule accompanying the planning application any shop associated and incidental to the petrol filling station shall not exceed 150 sq m (GFA). Any such shop shall not be first used unless and until petrol filling pumps have been provided on site and made available for use by customers. Any shop associated with the petrol filling station should not sell alcohol, clothes or electrical goods. No goods shall be advertised for sale on the forecourt of the premises. Any associated shop shall cease to operate if the petrol filling station ceases to operate.
Reason: In the interests of visual amenity sustainability and the vitality and viability of Clayton le Moors Town Centre and in order to accord with Policy E10 of the Hyndburn Borough Local Plan, PPS 4 and PPS1.
13 In respect of each phase of development no development shall take place until details of external lighting have been submitted to and approved in writing by the Local Planning Authority. The external lighting shall be installed in accordance with the approved details and thereby retained as such unless a variation is subsequently submitted to and approved in writing by the Local Planning Authority.
Reason: To safeguard the amenities of the occupiers of adjoining properties and to comply with saved policy E10 of the Hyndburn Borough Local Plan.
14 No buildings on the northern boundary of the site and facing existing residential properties off Colinwood, Silverdale Close or Arnside Close shall exceed two storeys in height the details of which shall be submitted for approval at reserved matters stage.
Reason: In order to that development in this area does not have an adverse impact on the amenities enjoyed by the occupiers of existing residential properties and to ensure that there is a residential amenity improvement in relative terms having regard to Policy E10 of the Hyndburn Borough Local Plan.
15 At reserved matters stage detailed and scaled plans annotating materials for the walls, roof, window frames, doors, boundary treatments and rainwater goods shall be submitted to and approved by the Local Planning Authority. The development shall thereafter accord with approved details.
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Reason: In the interests of visual amenity and to ensure that materials and finishes across the whole site are consistent and in order to comply with Policy E10 of the Hyndburn Borough Local Plan.
16 Notwithstanding Class A of Part 33 of the Town and Country Planning (General Permitted Development Order) 1995 (or any order revoking and re-enacting that Order with or without modification) no CCTV cameras shall be erected on the site without the express consent of the Local Planning Authority.
Reason: In the interests of amenity and in order to accord with Policy E10 of the Hyndburn Borough Local Plan
17 In respect of each phase of development no development shall take place until a scheme for the storage and refuse and recycling has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried out in full as approved prior to the first occupation of the development and the refuse and recycling storage facilities shall thereafter be retained for use at all times.
Reason: To ensure the provision of satisfactory facilities for the storage of refuse and recycling.
18 In respect of each phase of development no part of the development hereby approved shall be brought into use until secured covered cycle storage space has been provided for in accordance with details which have first been submitted to and approved in writing by the local planning authority and shall be retained thereafter.
Reason: So that the commercial and residential development provides for the needs of cyclists and provides a choice of modes of transport in accordance with saved Policy TR1 of the Hyndburn Borough Local Plan.
19 No construction work may commence on site until protective fencing has been erected around trees to be retained on site. All existing trees to be retained on site shall be protected by fencing in accordance with BS5837:2005 'Trees In Relation To Construction', in accordance with a scheme and specification which shall have been submitted to and approved in writing by the local planning authority. Within the protected area(s) there shall not be carried out or permitted, during the construction period, any building or other operations, parking or passage of vehicles, or storage of building or other materials or any other object.
Reason: To ensure that the trees on the site are protected during construction works in the interests of local amenity, and in order to comply with saved Policy E3 of the Hyndburn Borough Local Plan.
20 Upon first use and occupation of development no goods/materials shall be stored on the site other than in building(s) to be approved at
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reserved matters stage(s). Reason: To ensure a satisfactory appearance of the site in the interests of local visual amenity and to comply with saved Policy E10 of the Hyndburn Borough Local Plan.
21 Unless otherwise restricted by a planning condition(s) pursuant to this outline planning permission or subsequent reserved matters consent the development shall accord solely with the number of units, uses and schedule of gross floorspace / site area received by the Council on 18.11.11 (referred to as “Area Schedule” and the accompanying drawing no SK(00) 036 Rev C dated 18.11.11). Unless authorised by this permission or a subsequent consent no mezzanine floors shall be constructed in any building without first obtaining planning permission.
Reason: As this is an outline application and an exception to policy is being made and as there is a need to control the type and amount of development on the site taking into account local, regional and national planning policies and in particular PPS1, PPS4 and PPG 13, Policies I1, I2, I3 and E10 of the Hyndburn Borough Local Plan, Policies E1, E2, H1, H2, Env 6 and Env 7 of the Hyndburn Core Strategy and the Council's car parking and access standards.
22 For the avoidance of doubt a sheltered housing scheme is not approved. Planning permission is approved for an extra care facility (3854 sq metres gross) (and for no other use within use class C2 of the Town and Country Planning Use Classes Order or in any provision equivalent to that Class in any statutory instrument revoking and re- enacting that Order with or without modification) catering for older people, 55 years and over, with a range of care and support needs (from low through to high care and support), including some older people with dementia. The accommodation shall not be sold or rented for general housing needs. The extra care housing development shall not be occupied until details of occupancy eligibility criteria for residents has been submitted to and approved by the local planning authority. The development shall thereafter accord with approved occupancy eligibility criteria unless otherwise agreed in writing by the local planning authority.
Planning permission is also approved for a care home facility (3796 sq metres gross) and for no other use within use class C2 of the Town and Country Planning Use Class Order 1987 (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).
Reason: General needs housing in the form of apartments would not be acceptable taking into account Policy H1 of the Hyndburn Local Development Framework Core Strategy and the Hyndburn Housing Needs Assessment 2008 as such development would not seek to balance the housing market in Hyndburn. Some weight is given to the creation of jobs associated with care facilities as well as the need for
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care (including extra care facilities) in the Borough. Other uses within use Class C2 may not be acceptable on this site.
23 No building hereby permitted shall be occupied until surface water drainage works have been implemented in accordance with details that have been submitted to and approved in writing by the local planning authority. Before these details are submitted an assessment shall be carried out of the potential for disposing of surface water by means of a sustainable drainage system in accordance with the principles set out in Annex F of PPS25 (or any subsequent version), and the results of the assessment provided to the local planning authority. Where a sustainable drainage scheme is to be provided, the submitted details shall: i. provide information about the design storm period and intensity, the method employed to delay and control the surface water discharged from the site and the measures taken to prevent pollution of the receiving groundwater and/or surface waters; ii. include a timetable for its implementation; and iii. provide a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public authority or statutory undertaker and any other arrangements to secure the operation of the scheme throughout its lifetime.
Reason: In order to comply with PPS 25 and Policy E10 of the Hyndburn Borough Local Plan
24 In respect of each phase of development no development shall take place until a scheme and implementation programme for electric vehicle charge points has been submitted to and approved by the Local Planning Authority. The approved electric vehicle charge points shall be implemented in accordance with the approved scheme and implementation programme and thereafter retained.
Reason: In the interests of sustainability and to comply with PPS1, PPG 13 and Policy Env4 of the Hyndburn Core Strategy.
25 None of the buildings hereby approved shall be occupied until the associated roads, car parking areas and pathways for each phase have been surfaced and marked out in accordance with details approved by the Local Planning Authority. The surfacing materials shall not be altered unless otherwise agreed by the Local Planning Authority.
Reason: In the interests of visual amenity and highway safety and to comply with Policy E10 of the Hyndburn Borough Local Plan
26 At reserved matters stage details (including an implementation plan) of areas of land for buses to stop and collect and drop off passengers shall be submitted to and approved by the Local Planning authority. The areas shall be constructed in accordance with approved details (including the timings in the approved implementation plan).
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Reason: In order to minimise reliance on the private motor vehicle and to encourage visits to the site by public transport and to accord with PPS1, PPG 13 and Policy ENV 4 of the Hyndburn Core Strategy
27 No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: i. the parking of vehicles of site operatives and visitors ii. loading and unloading of plant and materials iii. storage of plant and materials used in constructing the development iv. the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate v. wheel washing facilities vi. measures to control the emission of dust and dirt during construction vii. a scheme for recycling/disposing of waste resulting from demolition and construction works
Reason: in order to comply with local and national planning policies and in particular Policy E10 of the Hyndburn Borough Local Plan
28 Demolition or construction works shall not take place outside 0800 hours to 1800 hours Mondays to Fridays and 0900 hours to 1700 hours on Saturdays nor at any time on Sundays or Bank Holidays.
Reason: In the interests of residential amenity and to accord with Policy E10 of the Hyndburn Borough Local Plan
29 Notwithstanding details submitted with the outline planning application each reserved matters application for commercial / Industrial activities shall be accompanied by a noise impact assessment. The noise impact assessment shall address; - All hours of operation; - noise from moving and stationary vehicles; - impact noise from working activities; - noise from vehicles moving to and from the site in terms of volume increase; and current background levels of noise. Any recommendations within the report shall be implemented prior to the development being brought into first use.
Reason: In the interests of amenity and to accord with Policy E10 of the Hyndburn Borough Local Plan
30 Notwithstanding the provisions of the Town and Country (General Permitted Development) (Amendment) (England) Order 2010 (or any
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order revoking and re-enacting that Order with or without modification) upon the grant of this planning permission no development shall take place other than that hereby approved, within Classes A, B, C, D of Part 8 (Industrial and Warehouse Development) of the said Order and Classes A & B of Part 41 (Office Buildings) or Classes A, B or C of Part 42 (Shops or Catering, Financial or Professional Services Establishments) (or any order revoking and re-enacting that Order with or without modification), unless a planning application for that development has been first submitted to and approved by the local planning authority.
Reason: In the interests of visual amenity, highway safety and in order to control the type and amount of development on the site taking into account local, regional and national planning policies and in particular PPS1 & PPS 4, Policy E10, I1, I2 and I3 of the Hyndburn Borough Local Plan and Policies E1 and E2 of the Hyndburn Core Strategy and the Hyndburn car parking and access standards.
31 Before any residential development commences a Building for Life summary statement shall be submitted to and approved by the Local Planning Authority. Any residential development on the site shall achieve a minimum of silver standard in respect of a Building for Life Assessment.
Reason: In order to ensure that quality, well designed and sustainable dwelling houses are built on the site and to accord with PPS1, PPS 3 and Policy Env 4 of the Hyndburn Core Strategy
32 Notwithstanding information submitted with the planning application no development shall commence (including works of demolition) until protected species survey(s) have been submitted to and approved by the Local Planning Authority. Should the survey(s) indicate that there is a need for mitigation such details (including a timetable for implementation) shall be included with the protected species survey(s). The works of demolition and constructions shall be undertaken in accordance with approved details.
Reason: Buildings have not been fully surveyed for protected species as they are in occupation and in the interests of nature conservation and to accord with PPS 9 and Policy Env 2 of the Hyndburn Core Strategy.
33 Each of the buildings hereby approved shall be built in accordance with an energy statement (including a series of proposals) to have been first submitted to and approved in writing by the Local Planning Authority. The energy statement shall indicate that the building(s) will achieve one BREEAM and Code for Sustainable Homes level higher than the Building Regulations standards in force at the time of submission of an associated Building Regulation(s) application.
Reason: Delivering sustainable and energy efficient buildings on the at
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better than Building Regulations standards provides some justification for making an exception to policy and in the interests of sustainability having regard to PPS1, PPS 22, Policy Env4 of the Hyndburn Core Strategy and the draft National Planning Policy Framework
34 No development shall commence until scheme and timetable for the provision of on site public art has been submitted to and approved in writing by the Local Planning Authority. The public art shall be provided in accordance with the approved details and timetable and thereafter retained. Reason: In the interests of providing high a quality development/business park environment taking into account PPS1, Policy Env 6 of the Hyndburn Core Strategy and saved Policy E15 of the Hyndburn Borough Local Plan
35 No development approved by this permission shall be commenced until a) A site investigation has been designed for the site using information obtained based on “Report on Phase 1 Desk Study, Junction 7 Business Park, Accrington, Goltique Ventures Ltd, Ian Farmer Associates (1998) Limited, dated June 2011”. This should be submitted to and approved in writing by the local planning authority prior to that investigation being carried out on the site. b) The site investigation and associated risk assessment have been undertaken in accordance with details approved in writing by the local planning authority. c) A method statement and remediation strategy based on the information obtained from b) above has been submitted to and approved in writing by the Local Planning Authority.
The development shall then proceed in strict accordance with the measures approved. Work shall be carried out and completed in accordance with the approved method statement and remediation strategy referred to in c) above and to a timescale agreed in writing by the local planning authority.
If during development contamination not previously identified is found to be present at the site then no further development (unless otherwise agreed in writing with the local planning authority) shall be carried out until the developer has submitted and obtained written approval from the local planning authority for an addendum to the method statement. This addendum to the method statement must detail how this unsuspected contamination shall be dealt with.
Upon completion of the remediation detailed in the method statement a report shall be submitted to the local planning authority that provides verification that the required works regarding contamination have been carried out in accordance with the approved method statement(s). Post remediation sampling and monitoring results shall be included in the
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report to demonstrate that the required remediation has been fully met. Further monitoring proposals and reporting shall also be detailed in the report.
Reason: To safeguard the health of future occupants of the land in the interests of public health and to safeguard watercourses and in order to comply with saved policy E10 of the Hyndburn Borough Local Plan and Policy Env 7 the Hyndburn Core Strategy.
36 The development shall be carried out in accordance with the following:
(a) The area schedule dated 18.11.11 and accompanying Drawing No SK (00) 036 Rev C dated 18.11.11. (b) The red edged location plan (drawing No. AL(00) 03 Rev A “site location plan”) received on 3 rd August 2011 (c) In respect of access details only drawing No SK 20921-17 dated 18.11.11 and drawing No SK20921 – 18 dated 18.11.11.
Reason: for the avoidance of doubt and to enable Hyndburn Borough Council to adequately control the development and to minimise its impact on the amenities of the local area and to conform with saved Policies E 6 & 10 of the Hyndburn Local Plan and Policies Env 6 & 7 of the Hyndburn Core Strategy.
37 No development shall be commenced in respect of the pub, hotel and A5 hot food take-away unit until a scheme of odour control has been submitted to and approved by the local planning authority. The approved odour control scheme shall be fully implemented prior to first use of the pub, hotel and A5 hot food take-away unit and thereafter retained as approved.
Reason: In the interests of amenity taking into account Policy E10 of the Hyndburn Borough Local Plan and Policy Env 7 of the Hyndburn Core Strategy.
38 Tree felling, vegetation clearance works, demolition work or other works that may affect nesting birds shall not be undertaken between March and July inclusive, unless the absence of nesting birds has been confirmed by further surveys or inspections approved by the Local Planning Authority .
Reason: In order to avoid adverse impacts on nesting birds and to comply with the Wildlife and Countryside Act 1981 (as amended)] and PPS 9
39 Japanese knotweed ( Fallopia japonica ), Himalayan Balsam ( Impatiens glandulifera ) and Rhododendron shall be eradicated from the site and working methods shall be adopted to prevent the spread of this species in accordance with details that have first been approved in writing by the Local Planning Authority and prior to commencement of development.
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Reason: To prevent the spread of species listed on Schedule 9 of the Wildlife and Countryside Act 1981 (as amended)]
40 Notwithstanding the approved plans no development shall commence until full details (including scaled drawings) of all site entrances onto Blackburn Road have been submitted to and approved in writing by the Local Planning Authority in consultation with Lancashire County Council Highways. The development shall thereafter accord with approved details.
Reason: In the interests of highway and pedestrian safety and to accord with Policy E10 of the Hyndburn Borough Local Plan and Policy Env 7 of the Hyndburn Core Strategy.
41 The sea cadet (178 square metres gross) building shall be used by the sea cadets or any other community use to be first approved in writing by the local planning authority.
Reason: In order to control use in the interests of visual amenity and car parking provision and to accord with policy E10 of the Hyndburn Borough Local Plan and the adopted Hyndburn car parking and access standards.
42 No development shall be commenced until a scheme of phasing for the whole of the application site has been submitted to and approved by the Local Planning Authority. The development shall be built out in strict accordance with the approved phasing scheme.
In respect of dwelling houses and B1/B2/B8 development the scheme of phasing shall ensure that the site is developed as follows:
Phase 1 30% of dwelling houses and 30% of B1, B2, B8 gross floorspace
Phase 2 30% of dwelling houses and 30% of B1, B2, B8 gross floorspace
Phase 3 30% of dwelling houses and 30% of B1, B2, B8 gross floorspace
Phase 4 10% of dwelling houses and 10% of B1, B2, B8 gross floorspace
Each of the three phases above shall be fully completed to the satisfaction of the Local Planning Authority before the next phase of development is commenced.
For the avoidance of doubt non B1/B2/B8 commercial/employment development can be built out at any time.
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Reason: Planning permission is granted as an exception to policy and on the basis that a higher number and range of different jobs would be provided on the site in relative terms. There is therefore a need to ensure that new employment development (in particular B1/B2/B8 floorspace) is delivered on the site and provided at the same time or within the same phase(s) of housing development. Allowing housing to be built in phases and at the same time as employment development will seek to ensure that there is an element of financial cross subsidy enabling both family houses to be built but also new employment development. In weighing all material considerations in the balance the condition is necessary taking into account Policies I1, I2 and I3 of the Hyndburn Borough Local Plan, PPS 1 and PPS 4, the draft National Planning Policy Framework and Policies E1 and E2 of the Hyndburn Core Strategy
Informative Note
1 In considering local, national and regional planning policies on balance and subject to the imposition of planning conditions and a Section 106 agreement it is considered that planning permission can be granted as an exception to policy E2 of the Hyndburn Core Strategy and Policies I1 and I2 of the Hyndburn Borough Local Plan taking into account in particular the following:-
(i) The proposal would lead to the demolition of a number of out of date and obsolete industrial buildings and the development of a modern and fit for purpose business park within an attractive landscaped and green setting taking advantage of good motorway links. (ii) The site would be improved from a sustainable transport and accessibility point of view including public transport and cycling facilities within the site and "hopper" bus link/service from and to the site from Charles Street. (iii) Compared to the existing situation the site would deliver a much greater number and variety of jobs. (iv) Whilst the release of the site for housing is not necessary from a housing supply point of view nonetheless it is needed to "cross subsidise" the proposed employment development and in addition the early implementation of the planning permission would lead to the erection of a number of high quality family houses in a desirable area including affordable housing at a time when housing completions are low. (v) The provision of an extra care facility on the site would meet an identified need in the Borough whilst at the same time creating a different form of employment on the site.
2 This planning permission is granted in strict accordance with the approved plans. It should be noted however that:
(a) Any variation from the approved plans following commencement of the development, irrespective of the degree of variation, will constitute unauthorised development and may be liable to enforcement action. (b) You or your agent or any other person responsible for implementing this permission should inform Development Control immediately of any proposed variation from the approved plans and ask to be advised as to the best method to resolve the matter. Most
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proposals for variation to the approved plans will require the submission of a new planning application.
3 This consent is granted subject to conditions and it is the owner and the person responsible for the implementation of the development who will be fully responsible for their compliance throughout the development and beyond.
If there is a condition that requires work to be carried out or details to be approved prior to the commencement of the development this is called a "condition precedent". The following should be noted with regards to conditions precedent:
(a) If a condition precedent is not complied with, the whole of the development will be unauthorised and you may be liable to enforcement action. (b) In addition if a condition precedent is breached, the development is unauthorised and the only way to rectify the development is the submission of a new application. If any other type of condition is breached then you will be liable to a breach of condition notice.
4 The enclosed approval is issued under the Town & Country Planning Act 1990. You may also require Building Regulation approval which is dealt with by this Department's Building Control Section (Tel: 01254 380194). You must ensure that all necessary permissions are obtained BEFORE starting work, otherwise abortive expense may be incurred.
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11/11/0394 Land to the north and south of Britannia Street Great Harwood Major outline application: Renewal of extant planning permission 11/08/0462 - residential development Investec Bank
DATE FOR DETERMINATION: 16 th December 2011
Site description and locality
This application relates to two sites located to the north and south of Britannia Street, on the northern fringe of Great Harwood town centre. The northern site, comprising 0.45ha, was formerly occupied by Saw Mill, which has now been demolished, and the site is vacant. The site fronts onto Water Street to the east, with industrial premises beyond. There are industrial premises and an area of lock-up garages to the west, and residential properties to the north at a higher level. The southern site, comprising 1.05ha, is in two parts. The eastern part of the site is vacant, overgrown land, whilst the western part is in industrial use as St Lawrence Mill and premises on Britannia Street. The site is bounded to the east and north west by residential properties in Water Street and Mill Street, to the south and south west by predominantly retail and commercial properties in Queen Street and industrial premises in Mill Street.
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Details of proposal
The applicant is seeking to renew the extant permission 11/08/0462, granted on 20 November 2008.
The application seeks outline planning permission for residential development, with only access to be dealt with at this stage, and all other matters reserved. The layout, illustrative only, shows 79 dwellings, a mix of 2, 3 and 4-bedroomed houses and 1 and 2 bedroomed apartments, each served by a separate cul de sac off Britannia Street.
Planning history
North and south of Britannia Street: 11/08/0462 Outline application: Residential development. Approved conditionally 20.11.2008. 11/05/0484 Erection of nursing home with associated amenity space and car parking. Approved conditionally 22.9.2005. 11/04/0701 Outline application: Light industrial/office development. Withdrawn 2.3.2005.
South of Britannia Street: 11/06/0714 Erection of childrens day nursery with 20 car parking spaces. Approved conditionally 14.3.2007. 11/00/0211 Change of use to private hire taxi booking office. Approved conditionally 19.6.2000. 11/97/0210 Landfilling of pit and retention for employees car park. Approved conditionally 27.8.1997. 11/91/0246 Formation of temporary car park. Approved conditionally 27.6.1991. 11/89/0414 Outline application: Erection of industrial units. Refused 1.2.1990. Appeal upheld 4.12.1990. 11/88/0656 Outline application: Demolition of existing garage and erection of repair garage, showroom and MOT testing station. Approved conditionally 8.3.1989.
Consultations
Lancashire County Council (Highways): No objection in principle subject to minor change to road alignment in illustrative layout, and to relevant conditions. Lancashire County Council (Planning Contributions): Contributions requested for improving public transport (£10,000) and waste management (£37, 920). Lancashire County Council (Archaeology): Condition required on building recording and analysis. Environment Agency: Originally objected to the application on the grounds of risk of flooding. Objection now withdrawn following submission of additional information. HCB Parks and Open Spaces: Contribution required in lieu of on-site open space provision (£98,424 based on the indicative scheme/house types/bedroom numbers submitted as part of the application). HBC Environmental Health: Site contamination investigation required. HBC Waste Services: Amendments to illustrative layout recommended. Sustrans: Recommends a developer contribution to improving the pedestrian/cycle network to encourage local journeys on foot and by bicycle.
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Press notice published/site notice displayed/ neighbouring properties notified: No representations received.
Relevant policies
Regional Spatial Strategy to 2021 Policy L4 Regional Housing Provision Policy L5 Affordable Housing
Hyndburn Borough Local Plan “Saved” Policies Policy H2 Housing windfall sites Policy I3 Employment land retention Policy E10 Scale, density, design
Hyndburn Core Strategy Policy H1 Housing Mix Policy H2 Affordable Housing Policy E2 Protection, Modernisation and Development of Employment Sites Policy Env6 High Quality Design Policy Env7 Environmental Amenity
HBC Adopted Car Parking and Access Standards
PPS1 Delivering sustainable development PPS3 Housing
Observations
The key issues for consideration in this case are the acceptability in terms of housing policies and employment land policies, highway issues, the impact on the amenities of neighbouring residents, and nature conservation issues.
Under Policy H2 of the Hyndburn Borough Local Plan, residential development on land not allocated for other purposes will be permitted where the character, appearance and amenity of the surrounding area would not be adversely affected and there are no insurmountable access or parking difficulties. In my view the proposed development meets these criteria, and is in accordance with Policy H2.
Core Strategy Policy H1 aims to balance local housing markets by increasing the variety of stock, in terms of house type, in accordance with the Strategic Housing Market Assessment and Housing Needs Assessment. Within the Borough, 2/3 bedroom terraced dwellings account for over half the overall housing stock. Under Policy H1, the aim is to provide a mix of house types based on the following proportions: Detached 26% Semi-detached 49% Terraced 5% Bungalows 8% Flat/maisonette 12% The illustrative layout indicates the provision of a mix of 2, 3 and 4-bedroomed houses and 1 and 2 bedroomed apartments. The provision of housing suitable for family
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occupation is in accordance with Policy H1. Policy H1 allows for new apartment development only in certain locations. The site lies within 250m of Great Harwood town centre, and the scheme is in accordance with the requirements of Policy H1.
Core Strategy Policy H2 requires the provision of affordable housing (20% of the total units) on sites of 15 or more dwellings. It is recommended that a relevant condition is imposed to ensure that affordable housing is secured.
Policy I3 of the Hyndburn Borough Local Plan seeks the retention of sites currently used for business, industry, distribution or storage, except where the resulting environmental improvements or other material considerations outweigh the loss of employment capacity.
In order to inform this policy, and in particular in connection with preparation work for the Local Development Framework, the Council commissioned consultancy work on current and allocated employment sites in the Borough. Sites were placed in three categories, poor, adequate, and good. This site has been categorised as a “poor” employment site in the Employment Land Study, and the sites which will be considered first for redevelopment for other purposes will be those categorised as poor which come forward. Given this categorisation, and given the environmental improvements which would result from the proposed development, I do not consider the proposal to be in conflict with Policy I3. Both parts of the site have previous planning permissions for uses which would not provide Class B employment uses. A refusal on the grounds of loss of employment space would not be appropriate, given that the premises are classed as poor in the Employment Land Study.
Core Strategy Policy E2 allows for redevelopment for alternative uses of sites identified as poor in the Employment Land Study, and the proposal would not conflict with Policy E2.
Lancashire County Council as Highway Authority has raised no objections on highway grounds, subject to a minor change to the internal road layout shown on the illustrative layout and to relevant conditions. A contribution of £10,000 has been requested for sustainable transport measures. This is an outline application and it is not clear whether all roads/incidental open space will be adopted by LCC Highways. Therefore the Section 106 agreement will need to include a clause that requires a management company to be set up to maintain any road or incidental open space that is not to be adopted by LCC Highways.
The illustrative layout submitted includes new dwellings to be built backing onto existing residential properties in Water Street and Lime Street. In assessing the detailed layout at the reserved matters stage, Officers would seek to ensure that adequate separation distances are provided to neighbouring dwellings, and that the differences in levels between the site and surrounding development are taken into account. In my opinion, subject to these safeguards, the occupiers of neighbouring residents would not suffer loss of amenity as a result of the proposed development, indeed the development, by tidying up the site, would improve the outlook from those properties.
Nature conservation issues can be addressed through conditions attached to the outline planning permission, and at the reserved matters stage. Officers would seek to ensure that appropriate landscaping is provided and that where applicable trees are retained.
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In my opinion, residential development on this site would represent welcome investment on a site close to the town centre, part of which presently appears untidy and neglected, to the detriment of the appearance of the wider area. Conditions are required to secure Section 106 contributions in lieu of on-site open space provision, and in relation to sustainable transport measures, but I do not consider that LCC’s request for a contributions for waste management would be appropriate to pursue, on the grounds that these would not be directly related to the development, and Hyndburn Borough Council does not have a policy on Planning Contributions to justify insisting on these requests.
This application is for the renewal of a planning permission which is still valid. Government guidance contained in Circular 11/95 advises that an application to renew an existing planning permission should be refused only where: a) There has been a material change in planning circumstances since the original permission was granted (e.g. a change in some relevant planning policy for the area, or in relevant highway considerations, or the publication by the Government of new planning policy guidance, which is material to the renewal application); b) Continued failure to commence the development would contribute unacceptably to uncertainty about the future pattern of development in the area; c) The application is premature because the permission still has a reasonable time to run.
DCLG guidance Greater Flexibility for Planning Permissions (November 2009) states that local planning authorities should take a positive and constructive approach towards applications which improve the prospect of sustainable development being taken forward quickly. The development proposed in an application for extension will by definition have been judged to be acceptable in principle at an earlier date Local planning authorities should, in determining renewal applications, focus their attention on development plan policies and other material considerations which may have changed significantly since the original grant of permission.
I consider that there have been no significant changes in circumstances which would warrant a refusal of this application for renewal of an extant permission. At the time that this report was written the applicant had raised concerns about the request for £10,000 for a public transport improvement contribution. The applicant has completed an accessibility questionnaire and is of the view that the site has high accessibility. Further advice has been sought from LCC Highways and officers will provide an update in the supplementary report.
Recommendation
(i) That the Chief Planning and Transportation Officer or Head of Development Management is given delegated authority to approve planning permission subject to those with a legal interest in the land entering into a Section 106 agreement the details of which are listed in this report and subject to the following conditions: (ii) That planning permission is refused if the Section 106 agreement is not executed by 16 th December 2011.
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Condition(s) and Reason(s)
1 The development hereby approved shall be commenced before the expiration of three years from the date of this permission or two years from the approval of the last of the reserved matters as defined by condition 2 below, whichever is the later.
Reason: To ensure that the Local Planning Authority retains the right to review unimplemented permissions and to comply with Section 92 (as amended) of the Town & Country Planning Act 1990
2 a) Details of the reserved matters set out below ("the reserved matters") shall be submitted to the Local Planning Authority for approval within three years from the day of this permission: (i) layout; (ii) scale; (iii) appearance; and (iv) landscaping b) The reserved matters shall be carried out as approved. c) Approval of all reserved matters shall be obtained from the Local Planning Authority in writing before any development is commenced.
Reason: To enable the Local Planning Authority to control the development in detail and to comply with Section 92 (as amended) of the Town & Country Planning Act 1990.
3 The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details and any subsequently approved reserved matters.
Reason: For the avoidance of doubt and to define the permission.
4 The details submitted in pursuance of condition 2 of this consent shall include existing and proposed levels across the site including finished slab levels of all proposed buildings.
Reason: No details of these matters have been submitted with the application and bearing in mind the topography of the site and in accordance with saved Policy E10 of the Hyndburn Borough Local Plan and Policies Env6 & Env7 of the Hyndburn Core Strategy.
5 No development shall take place within the application site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority.
Reason: In order to provide a reasonable opportunity to record the history of the site and to comply with Planning Policy Guidance16: Archaeology and saved Policy E9 of the Hyndburn Borough Local Plan and Policy Env6 of the Hyndburn Core Strategy.
6 Prior to the development commencing: a. A Phase II investigation shall be carried out and the results submitted to, and approved in writing by, the Local Planning Authority (LPA)
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b. If the Phase II investigations indicates that remediation is necessary, then a Remediation Statement shall be submitted to, and approved in writing by, the LPA. The remediation scheme in the approved Remediation Statement shall then be carried out If remediation is required, a Site Completion Report detailing the conclusions and actions taken at each stage of the works including validation works shall be submitted to, and approved in writing by, the LPA prior to the first use or occupation of any part of the development.
Reason: To safeguard the health of future occupants of the land on the interests of public health and in order to comply with saved Policy E10 of the Hyndburn Borough Local Plan and Policies Env6 & Env7 of the Hyndburn Core Strategy.
7 Before any development is commenced on site a detailed strategy for the eradication of Japanese Knotweed from the site shall be submitted to and approved in writing by the local planning authority. The strategy shall include the submission of a method statement and timetable and the strategy shall be carried out in full to the satisfaction of the local planning authority unless it is varied in agreement with the local planning authority.
Reason: In order to ensure a satisfactory form of development and to comply with Policy E10 of the Hyndburn Borough Local Plan and Policy Env 6 of the Hyndburn Core Strategy.
8 Prior to the commencement of the development hereby approved, a scheme for the provision of bat boxes and bird boxes within the site shall be submitted to and approved in writing by the local planning authority. The scheme shall be implemented to the satisfaction of the local planning authority prior to the occupation of the dwellings.
Reason: In the interests of nature conservation and in order to comply with saved Policy E10 of the Hyndburn Borough Local Plan and Policy Env6 of the Hyndburn Core Strategy.
9 Prior to the commencement of the development hereby approved (including any site clearance works) a survey shall be conducted by a competent person, to investigate whether the site is occupied by reptiles. Once complete the survey result shall be submitted to the local planning authority for assessment. If such an occupation is established then, before any works commence, the applicant shall submit a method statement detailing how a reasonable effort will be made to avoid harm to reptiles during the proposed work. The approved statement shall be implemented to the satisfaction of the local planning authority.
Reason: In order to safeguard nature conservation interests and in order to comply with saved Policy E10 of the Hyndburn Borough Local Plan and Policy Env6 of the Hyndburn Core Strategy.
10 No development shall commence until a scheme for the provision of affordable housing as part of the development has been submitted to and approved in writing by the local planning authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex B of PPS3 or any future guidance that replaces it. The scheme shall include:
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i. the numbers, type, tenure and location on the site of the affordable housing provision to be made in accordance with a viability review to demonstrate the amount of affordable housing that can be viably be provided between 0% and a maximum of 20% of housing units; ii. the timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing; iii. the arrangements for the transfer of the affordable housing to an affordable housing provider[or the management of the affordable housing] (if no RSL involved) ; iv. the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and v. the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.
Reason: In order to comply with PPS3, Policy H2 of the Hyndburn Core Strategy, Policy L5 of the Regional Spatial Strategy NW and the Hyndburn Housing Needs Assessment 2008.
11 No part of the development hereby permitted shall be brought into use until the existing vehicle accesses to the sites, comprising vehicle crossings and kerbed accesses over the footways of Britannia Street and Water Street, have been permanently and physically closed by the construction and completion of kerbed footway in accordance with the Lancashire County Council Specification For Construction of Estate Roads. [The kerb- lines so constructed shall have a face of 100mm.]
Reason: To limit the number of access points to, and maintain the proper construction of, the public highway and to comply with saved Policy E10 of the Hyndburn Borough Local Plan and Policy Env6 of the Hyndburn Core Strategy.
12 No development shall commence until full details (including scaled drawings) of all site entrances onto Britannia Street and internal roads, footways and traffic calming features within the site have been submitted to and approved in writing by the Local Planning Authority in consultation with Lancashire County Council Highways. The development shall thereafter accord with approved details.
Reason: In the interests of highway and pedestrian safety and to accord with Policy E10 of the Hyndburn Borough Local Plan and Policy Env 7 of the Hyndburn Core Strategy.
13 Before any construction, engineering or demolition works commence on site details of facilities for the washing of the wheels of vehicles before leaving the site shall be submitted to and approved in writing by the Local Planning Authority. The approved facilities shall be installed before any engineering or construction work commences on site and shall be retained for the full construction period.
Reason: To avoid the public highway being affected by the deposit of mud and/or loose materials which could create a potential hazard to road users and to comply with saved Policy E10 of the Hyndburn Borough Local Plan and Policies Env6 & Env7 of the Hyndburn Core Strategy.
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14 In respect of approved access details this permission does not approve internal roads. Details of internal roads and paths shall be submitted as part of the reserved matters application(s) at layout stage.
Reason: For the avoidance of doubt and as the internal road layout submitted with the application is not acceptable to LCC Highways and in order to comply with Policy E10 of the Hyndburn Borough Local Plan.
15 Finished floor levels shall be set no lower than 300mm above finished ground levels
Reason: To minimise the risk of flooding to the properties and to accord with Policy E10 of the Hyndburn Borough Local Plan and PPS 25.
Informative Note(s)
1 The proposal does not conflict significantly with the provisions of the development plan and in particular is satisfactory in terms of saved Policies H2, I3 & E10 of the Hyndburn Borough Local Plan and Policies H1, E2, Env6 & Env7 of the Hyndburn Core Strategy. There are no other material considerations which weigh sufficiently against the proposal.
2 This planning permission is granted in strict accordance with the approved plans. It should be noted however that:
(a) Any variation from the approved plans following commencement of the development, irrespective of the degree of variation, will constitute unauthorised development and may be liable to enforcement action. (b) You or your agent or any other person responsible for implementing this permission should inform Development Control immediately of any proposed variation from the approved plans and ask to be advised as to the best method to resolve the matter. Most proposals for variation to the approved plans will require the submission of a new planning application.
3 This consent is granted subject to conditions and it is the owner and the person responsible for the implementation of the development who will be fully responsible for their compliance throughout the development and beyond.
If there is a condition that requires work to be carried out or details to be approved prior to the commencement of the development this is called a "condition precedent". The following should be noted with regards to conditions precedent:
(a) If a condition precedent is not complied with, the whole of the development will be unauthorised and you may be liable to enforcement action. (b) In addition if a condition precedent is breached, the development is unauthorised and the only way to rectify the development is the submission of a new application. If any other type of condition is breached then you will be liable to a breach of condition notice.
4 The enclosed approval is issued under the Town & Country Planning Act 1990. You may also require Building Regulation approval which is dealt with by this Department's Building Control Section (Tel: 01254 380194). You must ensure that all necessary
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permissions are obtained BEFORE starting work, otherwise abortive expense may be incurred.
5 The proposed development lies within a coal mining area which may contain unrecorded mining related hazards. If any coal mining feature is encountered during development, this should be reported to The Coal Authority.
Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires the prior written permission of The Coal Authority.
Property specific summary information on coal mining can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com ______
11/11/0395 Hambledon Mill Marlborough Road Accrington Lancs Major outline application: Proposed mixed use development comprising employment and residential development and demolition of existing buildings Findel plc
DETERMINATION EXPIRY DATE: 16 December 2011
Site description and locality
The application site is currently occupied by a red brick mill building, the building has been extended in the 80's to provide a metal clad extension to the northern side of the site. The building occupies most of the site with hard standing to the front of the building the parking area and adjacent to the loading bays along the northern end of the building. The site currently holds a large water tank to its southern boundary measuring approximately 6.4 metres in height. The old mill building is approximately 12 metres high at the highest point on the roof. The extended warehouse ranges in height between 6 metres to 9.5 metres.
The area is predominantly residential in character except for the north western end of the site where a large industrial building occupies the site. The residential areas are a mixture of semi-detached bungalows, semi-detached two storey dwellings and rows of terrace properties. A large portion of the dwellings are current or ex-social housing.
The application site is approximately 650 metres north of Accrington town centre. It is adjacent to a large area of openspace at Higham Playing fields with its newly developed public play ground. The area is close to schools and public services as well as shopping centres in the town centre.
Details of proposal
The proposal relates to the redevelopment of the site for a mixed use scheme incorporating 95% housing and 5% B1 units. The application is in outline form with all matters with the exception of access reserved. The applicant has provided an indicative layout showing how the scheme may look, including density number & type of properties these plans do not form part of the decision process at this stage. The proposal seeks the approval in principle of a mixed use residential/commercial scheme and the location of
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access to and within the site. Plan number 1655-200 received 21.10.2011 indicates the proposed accesses and the blue line defines the extent of proposed adopted highway.
Planning history
11/01/0464 Installation of anti-climb spinners. Approved Conditionally 07.12.2001 11/01/0463 Installation of security cameras. Conditionally approved 05.12.2001 11/87/0622 Erection of warehouse extension Conditionally Approved 03.12.1987 11/79/0536 Erection of sprinklers, water tank & extension of coal bunkers Conditionally approved 08.11.1979
Consultations
Neighbour consults 105 consultations sent plus 4 site notices erected;
7 objections received raising the following concerns:
• The properties they are suggesting are totally out of keeping with the area • They will place a strain on local services and utilities including increase in vehicular traffic • They want to operate HGV's in a residential area 24-7 surely this should be in an industrial estate • The company are trying to infringe on a public right of way which is documented in the property deeds. • The proposed 90 houses will increase traffic in the area considerably. • Marlborough Road is a bus route and has parked vehicles on either side; the same applies to Moss hall Road and Ribblesdale Avenue. • The houses facing numbers 84 to 108 Ribblesdale Avenue are all of 2.5 storey, this will lead to loss of privacy and I submit these dwellings are replaced by bungalows. • The only access proposed to the site is from a 5.5 metre road the second narrowest of the surrounding four roads which has considerable on-street parking. • The proposed access will cause considerable congestion, noise & air pollution to local residents. • I query whether this single access is sufficient for emergency vehicle access. • I have concerns regarding the proposed courtyard to the rear of my property; it may lead to Noise and air pollution with increased traffic, loss of privacy by overlooking as well as reduced security with the loss of the boundary wall. • We are concerned regarding the proposed access points to the development. • Ralph Avenue is proposed as a cycleway, we fear this will become a vehicle access. • A housing estate of this size will severely affect our lives.
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LCC Highways: made the following comments,
"As the site has previously been developed as a factory / business it is felt that vehicle movements into and out of the proposed development are likely to be comparable to previous occupation. In the past the site operated on a shift system which would create considerable car movements into and out of the site in concentrated periods of time, likely to coincide with the peak periods that will occur around people leaving and returning to a domestic housing area.
Traffic is currently light along Marlborough Road and there is no significant accident record in the immediate vicinity of the site. However it is recognised that any development at this location is likely to increase traffic on the two junctions at Marlborough Road / Queens road and Ribblesdale Avenue / Whalley road, where there is an accident record, as vehicles move from local roads to more major roads, putting increased pressure on these junctions.
There appear to have been some problems with on street parking in the area around Marlborough Road / Mather Avenue in the past that necessitated the introduction of a Traffic Regulation Order to implement a no waiting regime on the road. Based on this any development at this location should have the appropriate levels of off street parking that is set out in the current Hyndburn Borough Council Car Parking and Access standards. All identified car parking spaces should meet the minimum sizes required
The previous usage of the site also saw a considerable number of HGV vehicle movements into and out of the site on a regular basis, which with the proposed change to residential development will be considerably reduced. This will reduce the number of incidents involving HGVs contacting with parked cars that have been reported on Marlborough Road in the past.
The proposed B1/B1c buildings will require sufficient car parking spaces to be provided at a ratio of 1 space per 30 sq m for B1 and 45 sq m for B1c and these allocations should be confirmed prior to development. Should any development in this commercial area require deliveries / distribution in either vans or lorries then suitable separate space should be identified for parking of these vehicles when visiting the site. The entry to this section of the development should be a minimum of 5.5 metres in width to allow 2 large vehicles to pass.
The parking associated with the houses to be built adjacent to Marlborough Road should have enough space for vehicles to manoeuvre allowing them to enter and leave the site in forward gear.
Currently the proposed cycle routes into the site include lengths that are not adopted highway and these will require to have ownership confirmed to be able to adopt these routes.
The roads to be adopted within the site will be confirmed once a final layout is confirmed by the developer. Based on the current proposals it is likely that the major arterial route through the site will be adopted, including the turning head at the eastern end of the site, however none of the shared surface courtyards identified are likely to be adopted.
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This proposal will require the construction, improvement or alteration of an access to the public highway as part of the section 38 work to bring roads within the site to an adoptable standard. Under the Highways Act 1980 Section 184 the County Council as Highway Authority must specify the works to be carried out. Only the Highway Authority or a contractor approved by the Highway Authority can carry out these works and therefore before any access works can start you must contact the Environment Directorate for further information by telephoning the Area Manager East (01254) 770960 or writing to the Area Manager East, Lancashire County Council, Highways Office, Willows Lane Depot, Willows Lane, Accrington BB5 0RT quoting the planning application number.
The location of the new access to the site from Marlborough Road is acceptable and should be constructed to a (minimum) width of 5.5m and this width shall be maintained for estate roads throughout the site as currently proposed. Reason: To enable vehicles to enter and leave the premises in a safe manner without causing a hazard to other road users.
Should the proposal be approved we would require that following condition is attached: The existing access shall be physically and permanently closed and the existing verge/footway and kerbing of the vehicular crossing shall be reinstated in accordance with the Lancashire County Council Specification for Construction of Estate Roads. Reason: To limit the number of access points to, and to maintain the proper construction of the highway. Should the proposal be approved we would require that following condition is attached: If the proposal is approved no part of the development shall commence until a scheme for the construction of the site access has been submitted to, and approved by, the Local Planning Authority in consultation with the Highway Authority. Reason: In order to satisfy the Local Planning Authority and Highway Authority that the final details of the highway scheme/works are acceptable before work commences on site."
LCC Archaeology: Has suggested a planning condition requiring the recording of the building prior to its demolition.
HBC Regeneration: No representations received
Environmental Health: No objection subject to environmental survey Phase II report & noise levels being conditioned.
Electricity North West: No representations received
Police Liaison Officer: No objection subject to secure by design certificate being obtained.
HBC Waste Services: No objections to proposed accesses and requires provision of £62.72 per dwelling for the cost of bins.
LCC Planning contributions: The following contributions have been requested: • £170,994 to provide an addition 14 primary School places in the catchment of the development. • £60,000 Huncoat Greenway contribution • £43,680 Waste management • £10,000 School links improvements • £12,000 Travel planning contribution
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Environment Agency: Recommends that Surface water run off can be attenuated through the use of Sustainable Drainage Systems (SUDS).
United Utilities: Have recommended conditions:
• This site must be drained on a separate system combining on site just prior to connecting in to the public sewerage system of which, we will require the flow to be attenuated to a maximum discharge rate as determined by United Utilities.
• The applicant must discuss full details of the site drainage proposals with John Lunt contact No. 01925 678305.
Relevant policy
Hyndburn Borough Local Plan
H2- Housing Infill I3- Development of industrial land E10- Development policies TR1- Transport policy
Hyndburn Core Strategy
E2- Protection, modernisation & development of employment sites H1- Housing Mix H2- Affordable housing HC1- Green space & facilities for walking/cycling HC 3- Design of residential Roads HC4- Community benefits/Planning Obligations Env4- Sustainable Development & Climate Change Env5- Renewable Energy Env6- High quality design Env7- Environmental amenity T2- Cycle & footpath Networks A1- Amount & Distribution of Housing in Accrington
HBC Adopted Car Parking and Access Standards 2008 Employment Land Study
National Policy
PPS1- Sustainable development PPS3- Housing Draft National Planning Policy Framework
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Observations
Background
The application seeks the redevelopment of an existing employment site currently occupied by a building previously used for B2 (general industry) and B8 (storage distribution) purposes. The applicant owns two further sites within Hyndburn one at Clayton le moors and one at Churchbridge works and is a major employer in the Borough employing 1600 people. The proposed redevelopment of this site will enable investment in the two remaining businesses within the borough. The building has not been in full use for a number of years as activities have transferred to more suitable modern premises under the ownership of the applicant. Currently part of the warehouse is used for storage at peak business times but operations have all but wound down in the building.
The applicant believes there is adequate justification for the redevelopment of the site and has submitted supporting documentation to this effect. The proposal is submitted in outline with all matters reserved except access. The applicant has provided an indicative site layout plan showing 91 dwellings with a mix of bungalows, semi-detached and detached houses. The plan also shows 2 industrial units with a combined floor area of 418 square metres and proposed B1 (business) uses at the northern side of the main access. The proposed B1 uses could include offices, research and development or light industry. B1 land uses are in planning terms those deemed appropriate to be located amongst or adjacent with residential developments.
The submitted layout plan is purely for illustrative purposes and would not form part of this scheme if approved. It would be necessary if agreeing a mix use scheme to specify by condition and appropriate split between B1(business) uses and C3 (dwelling houses) uses. The scheme proposes moving the existing access approximately 33 metres further down Marlborough Road away from the adjacent industrial premises. The previous access will need to be stopped up to the satisfaction of LCC Highways.
The existing mill building and its subsequent additions and extensions form part of the historic environment of the Borough. In recognising this officers have asked that prior to demolition on site an archaeological record of the building is submitted to be retained by LCC Archaeology.
Policy
The proposed development must be examined against the national and local planning policy framework to determine its suitability in principle. Planning Policy Statement 1 - (Delivering sustainable development) outlines the broad principles for the management of land use and buildings in England. It seeks to promote good design and plan positively for future development. PPS3- (Housing) outlines the national strategy for the future for housing development ensuring the deliverability of five year supply of housing land. It encourages the redevelopment of Brownfield sites for housing with a high specification of design quality. The National Planning Policy Framework is only in draft form but is a material planning consideration; it promotes the fundamental approach of presumption in favour of development.
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Local plan policy I3 and Core Strategy policy E2 refer specifically to the proposed loss of dedicated employment land. The polices allow for the change of use of employment land only where it results in environmental improvements or other material considerations which outweigh the loss of employment capacity. The applicant believes the proposed use will result in environmental improvements on site and for the living conditions of the surrounding residential properties. The current premises on site could be used for either B1 (business) B2 (general industry) or B8 (storage & distribution) without the need for planning permission or the control of planning conditions. The existing use has the capability, if brought back into full use to lead to adverse impacts on residential amenity for the surrounding residents by increased traffic, noise, dust, emissions and out of hour's activity. Whilst the site is not currently in use the lawful use fall back position is a material planning consideration both in terms of potential amenity impacts and traffic generation.
The applicant has also provided 3 supporting documents which it is felt demonstrate material planning considerations which outweigh the loss of the employment capacity. The first of these is the Building Survey, this concludes that that based on the assessed condition of the buildings it is estimated an expenditure in the region of 1.81 million pounds is required to restore the buildings to a usable safe condition. The Property Market Analysis states that by virtue of its age, layout, configuration, physical condition and location, the building is considered physically, functionally and economically obsolete and therefore not marketable for continued employment use. The report goes on to say that Hyndburn has a large supply and low demand for similar properties; the applicant has sought to demonstrate there is a significant oversupply of employment land in Hyndburn required under national policy to be provided until 2026. The third document provided to support the loss of employment land is Findel Plc in Hyndburn, the document explains how the business works and its future aspirations, that money use from the sale of the site would be invested in the existing business. The Council is supportive of local business and aims to work with them in order to generate growth and development in a sustainable manner for the future success of the Borough.
The Council's 2008 Employment land study classified the site as "adequate", at the time this report was produced, the sites classified as adequate were in employment use and appeared to be performing well, they were fully or almost fully occupied. Although, the buildings could be dated and in need of repair/ refurbishment, the site may be poorly located with bad access, but in general the sites have some potential for other uses. The report went on to say that in the short term adequate should not be considered for other uses. The study did however conclude provision should be made that if the sites become vacant they could be released for alternative uses. The applicant believes the Employment land Study to be now out of date and now that the site is vacant it should be reclassified as a "poor" site and released for alternative uses.
Local plan policy H2 and Core strategy Policy A1 allow for the amount and distribution of housing in the area. Policy H2 allows for housing infill schemes within the urban boundary providing they do not create insurmountable parking, access of adversely affect character, appearance and amenity of the surrounding area. Policy A1 states 3175 new houses will be developed in the Borough and 75% of these will be in the urban area of Accrington and surrounding townships. The site is brownfield and located within the urban boundary and proposed change of use of the majority of the site will have a positive impact on the character appearance of the area and the amenity of surrounding residents. The site is
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accessible to a range of public services, is positioned close to existing schools & openspace and will have good links with public transport.
Officers consider that the applicant has suitably demonstrated that the site in its existing form is not viable to be retained in employment uses. The cost of bringing this building up to a modern standard would be significant. The proposed alternative development of the site will help ensure the future success of an important Borough employer. The proposal will also see the removal of a historic heavy industrial site from the centre of a primarily residential neighbourhood allowing environmental improvements to the site to the benefit of the surrounding residents. The proposed redevelopment of the site as a mixed use development would comply with local & national planning policies. Officers accept that the proposed employment space is minimal but nonetheless there is some mix and in this instance viability and other amenity considerations need to be verified in the balance. A condition is recommended to ensure that the employment space is made available before any houses are first built.
Compliance with remaining local planning polices will be controlled by condition and ensured at reserved matters when a more detailed application is submitted.
Highways & Access
Comments received from Lancashire County Council Highways department have been reported to committee at the beginning of the report. The proposed development involves the relocation of the existing site access to provide a two-way access of 5.5 metres in width. The proposal also allows for 3 additional pedestrian/ cycleway routes to be provided allowing a greater permeability of the site. The proposed cyclelink/footpath will need to be constructed to an adoptable standard in accordance with LCC standards or be maintained by a private company this work will be secured by planning condition. The indicative plans shows sufficient levels of parking can be accommodated within the site. As highlighted in the Highway engineers comments the traffic possible of being generated by the existing and proposed uses are of comparative levels but with a reduction of HGV vehicles. There are no specific concerns that the proposal would be unacceptable in terms of impact on the Highway Network. The applicant has provided a Travel Plan to accompany the application demonstrating initiatives which can help improve sustainable modes of transport used by future occupants and the monitoring of this over a five year period. The submitted TA concludes:
"The traffic impact of the proposed development shows a net decrease in two way trip generation when compared against the existing development and B2 land uses. The proposed development is accessible by non-car modes of travel.... the proposed development also seeks to provide improvements to pedestrian and cycle linkages across the site to encourage movement by sustainable modes."
LCC Highways have not raised any objections to the proposed developments and have sought contributions in order to improve existing greenway projects, school links and travel planning. The main concerns of residents raised as objections to this planning application in relation to highways issues are addressed above and I do not believe the proposed development will cause harm to the local area by virtue of impact on the existing highway network. The proposed use of B1 and residential development will generate a similar number of vehicle trips than the existing land use, it will however allow for a
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reduction in the potential number of HGV movements to and from the site through residential streets. The proposed development will not cause demonstrable harm to the existing highway network.
Reserved matters & other issues
All issues relating to layout, design, density, landscaping and scale of the proposed development shall be controlled by a reserved matters application. Conditions controlling the demolition of the building and the specification of the quality of future development on-site shall be attached to any planning approval. The proposed mix of the employment and residential elements of the development have also been controlled by condition to reflect what has been submitted as part of the indicative plan.
Some objections received relate specifically to the indicative layout plan submitted, the exact position type and scale of housing has not been nor is sought to be approved and cannot be addressed under this application. One objection raises concerns regarding private rights of way, these are legal matters outside the scope of the planning system and need to be addressed in the appropriate legal forum. Concern is raised over the impact of the proposal on the services in the area, all the relevant service providers have been contacted as part of this application and no concerns have been raised. Officers do not believe any of the objections raised to the proposal are of sufficient weight to justify a refusal of the application on material planning grounds.
Section 106
The application if approved will be subject to a Section 106 Agreement defining the agreed planning obligations of the developer. Lancashire County Council has sought planning contributions of £10,000 for School links to improve cycle and pedestrian access to local schools. Officers do not consider that this is necessary as money is requested for the Greenway cycle route project and/or cycle pedestrian route improvement in the area at £60,000. A travel plan condition is requested rather than £12,000 to be allocated to travel planning. Lancashire County Council has also requested £170, 944 to provide an additional 14 Primary School places required based on a development of 92 dwellings. This is a necessary contribution.
Hyndburn Parks and Open Spaces have requested a contribution of £160,939 for the maintenance and improvement of public open space within the vicinity of the site. Hyndburn Waste Management services have requested a contribution of £62.72 per completed dwelling to provide bins for each house.
The Section 106 will need to include a requirement to establish a management company to manage any unadopted areas of highway, footpath or cycle route within the scheme.
Conclusion
In conclusion, the applicant has suitably justified the redevelopment of the existing employment site for a mixed use employment/residential development. They have demonstrated that trying to repair the existing building to an appropriate level would be extremely costly; they have demonstrated that even if they did repair the building there is limited demand for this type of employment site within the Borough. The site, in its existing
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form although not fully utilised, has the capacity to generate a considerable amount of traffic movements, noise and could represent an unneighbourly form of development. The proposed change of use to a residential development which is more in keeping with the surrounding existing residential land use will provide an improvement to residential amenity and will enhance and improve the character of the local environment.
The proposed development complies with local and national planning policy and in principle is an acceptable development. On balance and in light of the issues raised within this report officers recommend the application to committee for approval subject to the imposition of planning conditions and a section 106 agreement.
At the time of writing this report the applicant has indicated that they would like the local planning authority to consider a viability report and that that may mean that less than 20% affordable housing is provided on site if development is commenced within a period of time. Additional information will be provided in the supplementary report in respect of this matter.
Recommendation
(i) Chief Planning and Transportation Officer or Head of Development Management is given delegated authority to approve planning permission subject to those with a legal interest in the land entering into a Section 106 agreement relating to matters listed in the report and subject to the following planning conditions:-
(ii) That planning permission is refused if the Section 106 agreement is not executed by 16 th December 2011 and that in the event that an appeal is lodged the Chief Planning and Transportation Officer or Head of Development Management is given delegated authority to enter into a Section 106 agreement on a without prejudice basis.
Condition(s) and Reason(s)
1 The development hereby approved shall be commenced before the expiration of three years from the date of this permission or two years from the approval of the last of the reserved matters as defined by condition 3 below, whichever is the later.
Reason: To ensure that the Local Planning Authority retains the right to review unimplemented permissions and to comply with Section 92 (as amended) of the Town & Country Planning Act 1990
2 The development hereby permitted shall not be carried out otherwise than in strict accordance with the submitted details and any subsequently approved reserved matters.
Reason: For the avoidance of doubt and to define the permission.
3 a) Details of the reserved matters set out below ("the reserved matters") shall be submitted to the Local Planning Authority for approval within three years from the day of this permission: (i) layout; (ii) scale; (iii) appearance;
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(iv) landscaping. b) The reserved matters shall be carried out as approved. c) Approval of all reserved matters shall be obtained from the Local Planning Authority in writing before any development is commenced.
Reason: To enable the Local Planning Authority to control the development in detail and to comply with Section 92 (as amended) of the Town & Country Planning Act 1990.
4 Prior to commencement of development a scheme for the provision of 20% affordable housing as part of the development shall be submitted to and approved in writing by the Local Planning Authority. The affordable housing shall be provided in accordance with the approved scheme and shall meet the definition of affordable housing in Annex B of PPS3 or any future guidance that replaces it. The scheme shall include: I) the numbers, type, tenure and location on the site of the affordable housing provision to be made which shall consist of not less than [20]% of housing units (a reduction from 20% may be allowed if the Council is satisfied that a viability report indicates that the scheme would be unviable) II) the timing of the construction of the affordable housing and its phasing in relation to the occupancy of the market housing; III) the arrangements for the transfer of the affordable housing to an affordable housing provider[or the management of the affordable housing if no RSL involved] ; IV) the arrangements to ensure that such provision is affordable for both first and subsequent occupiers of the affordable housing; and V) the occupancy criteria to be used for determining the identity of occupiers of the affordable housing and the means by which such occupancy criteria shall be enforced.
Reason: In order to comply with Planning Policy Statement: 3 Housing and Policy L5 of the North West Regional Spatial Strategy and Policy H2 of the Hyndburn Core Strategy..
5 No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: I) the parking of vehicles of site operatives and visitors II) loading and unloading of plant and materials III) storage of plant and materials used in constructing the development IV) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate V) wheel washing facilities VI) measures to control the emission of dust and dirt during construction VII) a scheme for recycling/disposing of waste resulting from demolition and construction works. VIII) hours of construction on site.
Reason: In order to avoid the possibility of the public highway being affected by the deposit of mud/or loose materials which could create a potential hazard to road users, in order to protect the amenity of the occupiers of the adjacent properties, in order to protect
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the visual amenities of the locality and to comply with saved Policy E10 of the Hyndburn Borough Local Plan.
6 At reserved matters stage a scheme for the storage and refuse and recycling has been submitted to and approved in writing by the Local Planning Authority. The scheme shall be carried out in full as approved prior to the first occupation of the development and the refuse and recycling storage facilities shall thereafter be retained for use at all times.
Reason: To ensure the provision of satisfactory facilities for the storage of refuse and recycling.
7 The commercial premises shall only be used for B1a, b & c only and for no other purpose including any other purposes in Class B of the Schedule to the Town & Country Planning (Use Classes) Order 1987 (or in any provision equivalent to that Class in any statutory instrument revoking and re-enacting that Order with or without modification).
Reason: The Local Planning Authority would wish to retain control over any subsequent change of use of these premises in the interests of safeguarding the amenities of the area and to comply with saved Policy E10 of the Hyndburn Borough Local Plan.
8 The development hereby approved shall be accompanied at reserved matters application stage by an energy statement (including a series of proposals) which should be first submitted to and approved in writing by the Local Planning Authority. The energy statement shall indicate that the building(s) will achieve one BREEAM and Code for Sustainable Homes level higher than the Building Regulations standards in force at the time of submission of an associated Building Regulation(s) application.
Reason: Delivering sustainable and energy efficient buildings at better than Building Regulations standards provides some justification for making an exception to policy and in the interests of sustainability having regard to PPS1, PPS 22, Policy Env4 of the Hyndburn Core Strategy and the draft National Planning Policy Framework
9 No development shall take place until details of the implementation, maintenance and management of the sustainable urban drainage scheme have been submitted to and approved by the local planning authority. The scheme shall be implemented and thereafter managed and maintained in accordance with the approved details. Those details shall include: i) a timetable for its implementation, and ii) a management and maintenance plan for the lifetime of the development which shall include the arrangements for adoption by any public body or statutory undertaker, or any other arrangements to secure the operation of the sustainable urban drainage scheme throughout its lifetime.
Reason: In order to comply with Annex F of Planning Policy Statement 25: Development and Flood Risk.
10 Before any development is commenced on site, full construction details of the proposed cycleway shall be submitted to and approved in writing by the Local Planning Authority. The cycleway shall be completed and commissioned in accordance with a
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scheme and timetable which has received the prior written approval of the local planning authority.
Reason: In order to achieve secure a complete and satisfactory form of development in accordance with saved Policy TR1 of the Hyndburn Borough Local Plan.
11 No development works hereby approved shall take place where there may be an impact on nesting birds during the bird-breeding season between 1st March and 31st July inclusive.
Reason: To ensure that birds are protected and their habitat enhanced, in accordance with Planning Policy Guidance 9: Biodiversity and Geological Conservation, Circular 06/05, the Wildlife and Countryside Act 1981 (as amended) and the Conservation (Natural Habitats, &c.) Regulations 1994.
12 Prior to the commencement of the development hereby approved the hard surfacing areas shown on the approved plans shall be surfaced with materials the details of which shall be submitted to and to approved in writing by the Local Planning Authority. The hard surfacing shall be completed in accordance with the agreed details prior to the first occupation of the development hereby approved.
Reason: To ensure the use of appropriate materials, in the interests of the visual amenities of the locality and in order to comply with saved Policy E10 of the Hyndburn Borough Local Plan.
13 At reserved matters stage the applicant shall submit a mixed use scheme with a minimum of no less than 418 square metres of B1 business use floorspace. The proposed split shall thereafter be retained unless first agreed in writing by the Local Planning Authority. The B1 floorspace hereby approved as part of this permission shall be built and ready for occupation before the residential development is commenced.
Reason: This permission is granted under exceptional circumstances for a form of development not normally permitted and to prevent the establishment of an entirely residential development without the commercial premises in accordance with saved policy I3 and policy E2 of the Hyndburn Core Strategy..
14 Notwithstanding details submitted with the planning application the reserved matters planning applications shall ensure full compliance with the Hyndburn adopted car parking and access standards (or any standards that replace it.)
Reason: In order to ensure that there is adequate car parking on the site in the interests of highway safety and in order to comply with the Hyndburn car parking and access standards, Policy E10 of the Hyndburn Borough Local Plan and PPG 13
15 In respect of the approved B1 floorspace no goods/materials shall be stored on the site other than in building(s) to be approved at reserved matters stage(s).
Reason: To ensure a satisfactory appearance of the site in the interests of local visual amenity and to comply with saved Policy E10 of the Hyndburn Borough Local Plan.
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16 Japanese knotweed (Fallopia japonica), shall be eradicated from the site and working methods shall be adopted to prevent the spread of this species in accordance with details that have first been approved in writing by the Local Planning Authority and prior to commencement of development.
Reason: To prevent the spread of species listed on Schedule 9 of the Wildlife and Countryside Act 1981 (as amended)
17 Demolition or construction works shall not take place outside 0800 hours to 1800 hours Mondays to Fridays and 0900 hours to 1700 hours on Saturdays nor at any time on Sundays or Bank Holidays.
Reason: In the interests of residential amenity and to accord with Policy E10 of the Hyndburn Borough Local Plan
18 No development shall commence until a Building for Life summary statement has been submitted to and approved by the Local Planning Authority. Any residential development on the site shall achieve a minimum of silver standard in respect of a Building for Life Assessment. A building for life assessment should accompany the reserved matters application(s).
Reason: In order to ensure that quality, well designed and sustainable dwelling houses are built on the site and to accord with PPS1, PPS 3 and Policy Env 4 of the Hyndburn Core Strategy
19 No development shall take place within the application site until the applicant has secured the maintenance of an on-site watching brief by a suitably qualified and experienced archaeologist during construction work in accordance with written details which have been submitted to and approved in writing by the Local Planning Authority. In the event of important archaeological features or remains being discovered which are beyond the scope of the watching brief to excavate and record and which require a fuller rescue excavation, then construction work shall cease until the applicant has secured the implementation of a further programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority.
Reason: In order to provide a reasonable opportunity to record the history of the site and to comply with Planning Policy Statement 5:Planning for the Historic Environment and saved policy E9 of the Hyndburn Borough Local Plan.
20 The existing access shall be physically and permanently closed and the existing verge/footway and kerbing of the vehicular crossing shall be reinstated in accordance with the Lancashire County Council Specification for Construction of Estate Roads.
Reason: To limit the number of access points to, and to maintain the proper construction of the highway and in order to comply with saved Policies E10 & Tr1 of the Hyndburn Borough Local Plan.
21 No part of the development shall commence until a scheme for the construction of the site access has been submitted to, and approved by, the Local Planning Authority in
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consultation with the Highway Authority. The development shall thereafter accord with approved details.
Reason: In order to satisfy the Local Planning Authority and Highway Authority that the final details of the highway scheme/works are acceptable before work commences on site in order to comply with saved policies E10 & Tr1 of the Hyndburn Borough Local Plan.
22 At reserved matters the applicant shall submit in writing for approval to the Local Planning Authority a management plan for the proposed areas of unadopted highways, and pedestrian/cycleway routes within the scheme.
Reason: In order to ensure the effective maintenance of the scheme can be achieved in accordance with Saved Policy E10 & TR1 of the Hyndburn Borough Local Plan.
23 Prior to the development commencing: a. A Phase II investigation shall be carried out and the results submitted to, and approved in writing by, the Local Planning Authority (LPA) b. If the Phase II investigations indicates that remediation is necessary, then a Remediation Statement shall be submitted to, and approved in writing by, the LPA. The remediation scheme in the approved Remediation Statement shall then be carried out if remediation is required, a Site Completion Report detailing the conclusions and actions taken at each stage of the works including validation works shall be submitted to, and approved in writing by, the LPA prior to the first use or occupation of any part of the development.
Reason: To safeguard the health of the future occupants of the land in the interests of public health and in order to comply with saved policy E10 of the Hyndburn Borough Local Plan and Policy Env7 of the Hyndburn Core Strategy.
24 Noise arising from the application site (specified as LAeq at the boundary of any noise sensitive premises in use at the date of this planning permission) shall not exceed the background level (LA90). Any measurement & assessment shall be made in accordance with the advice contained within British Standard 4142:1997 'Method for Rating industrial noise affecting mixed residential & industrial areas.'
Reason: To prevent loss of amenity due to noise arising from adjacent land uses in accordance with saved policy E10 and the Hyndburn Borough Local Plan and Policy Env7 of the Hyndburn Core Strategy.
25 At reserved matters stage the applicant shall submit a scheme in consultation with Lancashire Constabulary which is capable of achieving a Secured by Design Certification.
Reason: In order to ensure compliance with recognised standards of neighbourhood safety and to comply with Policy E10 of Hyndburn Borough Local Plan and policy Env 7 of Hyndburn Core Strategy.
26 No building shall be occupied or used until such time as a Green Travel Plan(s) has been submitted to and agreed in writing by the local planning authority. The plan(s) shall include measures for the management of car use and on-site car parking and a strategy to secure and sustain decreases in car use for travel to, from and at work and increases in
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car sharing, public transport use, cycling and walking. The Plan(s) shall specify a plan period and contain relevant surveys, reviews and monitoring mechanisms and identify targets, timescales, phasing programme and management responsibilities.
Reason: To ensure a transport choice is provided in order to comply with Planning Policy Guidance 13: Transport and saved Policy TR1 of the Hyndburn Borough Local Plan.
27 The development shall be carried out in accordance with the following documents:
(a) The planning application forms and design and access statement received by Hyndburn Borough Council on 16.09.2011 & site location plan received on 16.09.2011 (b) Submitted drawings Site plan1655-200 received on 20.10.2011 (c) Submitted documents Planning Statement, noise assessment, flood risk assessment, geo-environmental appraisal & remediation strategy, transport assessment received on 16.09.2011
Reason: for the avoidance of doubt and to enable Hyndburn Borough Council to adequately control the development and to minimise its impact on the amenities of the local area and to conform with saved Policies H2, E10, I3, TR1 of the Hyndburn Borough Local Plan and policies E2, H1 A1 of the Hyndburn Core Strategy as well as Planning Policy Statement 1, 3 and 4
Informative Note(s)
1 The proposal does not conflict significantly with the provisions of the development plan and in particular is satisfactory in terms of saved Policies H2, E10, I3, TR1 of the Hyndburn Borough Local Plan and policies E2, H1 A1 of the Hyndburn Core Strategy as well as Planning Policy Statement 1, 3 and 4. There are no other material considerations which weigh sufficiently against the proposal.
2 This planning permission is granted in strict accordance with the approved plans. It should be noted however that:
(a) Any variation from the approved plans following commencement of the development, irrespective of the degree of variation, will constitute unauthorised development and may be liable to enforcement action. (b) You or your agent or any other person responsible for implementing this permission should inform Development Control immediately of any proposed variation from the approved plans and ask to be advised as to the best method to resolve the matter. Most proposals for variation to the approved plans will require the submission of a new planning application.
3 This consent is granted subject to conditions and it is the owner and the person responsible for the implementation of the development who will be fully responsible for their compliance throughout the development and beyond.
If there is a condition that requires work to be carried out or details to be approved prior to the commencement of the development this is called a "condition precedent". The following should be noted with regards to conditions precedent:
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(a) If a condition precedent is not complied with, the whole of the development will be unauthorised and you may be liable to enforcement action. (b) In addition if a condition precedent is breached, the development is unauthorised and the only way to rectify the development is the submission of a new application. If any other type of condition is breached then you will be liable to a breach of condition notice.
4 The formation of the site access makes it necessary to execute works for the construction of a vehicle crossing over a kerbed footway which is a highway maintainable at the public expense. These highway works must be specified by them and carried out in accordance with the requirements of the Highway Authority, Lancashire County Council, Willows Lane Depot, Accrington, BB5 0RT. The cost of the works will be charged to the developer.
5 A list of professionally qualified archaeological/building recording consultants and organisations who could carry out appropriate archaeological works can be obtained from the Lancashire Archaeology Service, Lancashire County Council, Environment Directorate, P O Box 9, Guild House, Cross Street, Preston, PR1 8RD. Telephone: 01772 531734.
6 The applicant is advised that details of the Code for Sustainable Homes can be found on the Planning Portal (www.planningportal.gov.uk) and on the Department for Communities and Local Government website (www.communities.gov.uk).
7 The applicant is advised that details of the BREEAM assessment and a list of approved assessors can be obtained from the BREEAM websites (www.breeam.org and www.breeam.org/ecohomes).
8 The applicant is advised that advice regarding permeable and porous hard surfaces can be found in the Department of Communities and Local Government document 'Guidance on the permeable surfacing of front gardens' which can be accessed on the DCLG website (www.communities.gov.uk).
9 Care should be taken during the development of the site, if any evidence of bats are observed during works all work should cease immediately and natural England immediately contacted for advice. ______
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11/11/0428 & 11/11/0427 Thompson Court off Bank Street Accrington Outline: Erection of four dwellings Conservation Area Consent: Demolition of buildings 3D Projects
DETERMINATION EXPIRY DATE: 29 November 2011
Site description and locality
The application site is located in a court yard to the rear of properties on Bank Street Accrington. The Courtyard is bound on all other sides by the rear of properties on Warner Street, Abbey Street and Blackburn Road. The courtyard consists of remains of cottages which occupied the site historically; these are in varying states of dilapidation. The site is overgrown and bound by a boundary wall measuring approximately 3/4 metres to the north and east. The application site is located within the town centre conservation area and the defined secondary shopping area. The wider area consists of predominantly retail development at ground floor with a mixture of storage and residential accommodation at first floor and above.
Details of proposal
The outline application (access, layout and scale applied for at this stage) and the conservation area consent need to be looked at concurrently. The current outline application is a resubmission of a previously withdrawn scheme 11/11/0131. The conservation area consent seeks the demolition of the 3 cottages and workshop. The outline proposal seeks the approval of 4 one bed dwellings. The planning application is in outline and the matters due for determination are access, layout and scale. Appearance and landscaping are matters to be determined at reserved matters application.
Planning history
11/11/0427 Conservation area consent: Demolition of buildings: current application
11/11/0131 Outline application: Access, layout & scale applied for erection of 4 dwellings. Withdrawn 11.05.2011
Consultations
Neighbour Letters and site notices erected: 5 letters of objection and a petition of 25 signatures relating to the retention of the gate on the access to the site .
• Vehicle access to the site will cross a public footpath and cause danger to pedestrians • the vehicles or a skip used during construction will cause considerable disruption to traffic using Bank Street • The proposal will open up the lane at the rear of properties on Warner Street and will cause a security risk. • Will the buildings be in keeping?
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• The area would be better suited to business, shops or offices • The back of my home faces north and the houses will block out any existing light, the view from my back bedroom window will be a brick wall • Within the site there are confused boundaries indicated • The proposal relies on the widening of the existing access which will involve the removal a section of a property on Bank Street being taken down the application should be withdrawn until this has first gained approval. • The proposed properties will create an unacceptable degree of shadowing to the Blackburn Road & Abbey Street premises. • There have always been bats in Thompson Court, they have suddenly gone. • In light of the dilapidated condition of the existing cottage properties can the Council ask the present owner to demolish them and make them safe. • The current properties should be reinstated and taken over by the Council to be used as workshops. • The Building represent part of the heritage of Accrington and should not have been let fall in disrepair, they should be retained for future generations. • On the advice of the crime prevention officer the alley gates were erected and they should be retained.
LCC Highways: No objection subject to condition controlling works to highways. Conservation Officer: No objections. LCC Archaeology: Full archaeological survey work must be submitted prior to any demolition on site. United Utilities: No objection.
Relevant policy
National Planning Policy
PPS 1 - Sustainable development PPS 5 - planning for the historic environment
Hyndburn Borough Local Plan
Policy E10- development policies Policy E8- Conservation areas Policy H2- Infill Housing
Hyndburn Core Strategy
Policy H1- housing mix Policy Env 6- high quality design Policy Env 7- Environmental amenity Accrington Area Action Plan
Hyndburn Car parking and access standards
Draft National Planning Policy Framework
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Observations
The Conservation Area consent seeks permission to demolish 3 remaining cottages and the workshop on site in order to erect 4 one bed dwellings. The existing properties have not been occupied for approximately 50 years and are now rendered uninhabitable. The site was formerly a collection of 19th Century weaver's cottages behind the shops and houses on Bank Street. The applicant has demonstrated through the heritage and design and access statement that the site was previously occupied by 7 two storey properties. Some of these properties have since been demolished but there is no planning history for this work.
The site is proposed to be accessed from the existing adopted highway which serves the site, in order to meet the requirements of LCC Highways it is necessary to widen the existing access. This will be achieved by the demolition of the gable end of 31 Bank Street and is repositioning to allow an extra 1 metre in width. The proposed access will therefore be 3.5 metres and the layout provides 2 parking spaces per dwelling and sufficient manoeuvring space within the site. LCC Highways have no objections to the proposed scheme.
The application seeks the approval of the scheme in outline including access, layout and scale. Matters to be determined under a reserved matters application is the final appearance and landscaping of the scheme. This is a resubmitted scheme; the applicant has sought to address the concerns relating to the previous scheme. The proposal will see an L-shaped development in the eastern corner of the site. The buildings have as much as possible been located where the walls of the original previously demolished cottages remain. It is proposed that windows on any external elevation facing the rear of Abbey Street or Blackburn road will be obscure glazed, however this is a matter of appearance and would be the subject of a reserved matted application. The layout of the buildings has changed from the first scheme in order to minimise the potential impact on the rear of properties on Warner Street.
The properties are not proposed to be sited in the north-eastern corner of the site. The properties will have elevations facing the rear of properties on Warner Street, Abbey Street and Blackburn Road. The gable end facing the rear of 8 Warner Street is not proposed to have any windows. This will however be at a distance of 7.2 metres and this is less than normal separation distance standards of 12 metres. In this case officers feel that an exception to such a standard can be made. This is a urban/town centre environment where there was previously development on the site and in addition the proposed height of the building at this location is 6.3 metres to the ridge of the roof. This is about a metre less than the height of a “conventional” residential dwelling. The distance from the rear of Abbey Street is proposed at 8 metres and the rear of Blackburn Road is 9.7 metres. Most these properties currently face the remaining rear elevations of the cottages which previously occupied the site.
Officers do not believe the proposal will lead to an unacceptable loss of outlook or residential amenity in this urban and high density environment. The redevelopment of the area will create a natural surveillance over previously unoccupied buildings thereby increasing security in the area. The gate which currently blocks access to the site would have to be removed. This gate is attached to the applicant’s property and could be
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removed at anytime irrespective of this planning application. While officers acknowledge local concerns raised about the removal of this gate little weight can be attached to concerns in weighing all matters in the balance and given that it could be removed at any time without LPA control. The redevelopment of this site from an environmental blighted site with rubbish and derelict buildings will enhance the area/conservation area and would be unlikely to cause an increase in crime.
The site is part of the Blackburn Road Quarter in the Accrington Area Action plan and is earmarked for redevelopment. There are no local or national planning polices which prohibit new residential development within the secondary shopping area. It would be preferable to develop the site with some element of retail or town centre type uses but in policy terms this is an “aspiration”. There is no policy that prohibits residential development on this site.
The Council's conservation Officer has not raised any objections to the proposal or the demolition subject to the final design and appearance of the development being strictly controlled at reserved matters stage. Officers will condition the retention of the existing natural stone on site to be used in the construction of the new properties. The indicative design of the properties is quite contemporary/modern. This will need to be carefully assessed at reserved matters stage. Officers consider that the scale of the proposed development is appropriate to its context/surroundings.
Issues relating to the retention of the gate to the site or to land ownership matters are out width the control of the planning system and are not material planning considerations. Officers consider that the scheme is acceptable in terms of layout, scale and access subject to the conditions listed.
Recommendation for 11/11/0427
That planning permission is approved subject to the following conditions:
Condition(s) and Reason(s)
1 The development hereby approved shall be commenced before the expiration of three years from the date of this permission.
Reason: To ensure that the Local Planning Authority retains the right to review unimplemented permissions and to comply with Section 91 (as amended) of the Town & Country Planning Act 1990.
2 The development shall be carried out in accordance with the following documents:
(a) The planning application forms and design and access statement received by Hyndburn Borough Council on 28.09.2011 (b) Submitted drawings AA10026-16-B, AA10026-01, AA10026-15-C received on 04.10.2011
Reason: for the avoidance of doubt and to enable Hyndburn Borough Council to adequately control the development and to minimise its impact on the amenities of the
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local area and to conform with saved Policy E10 of the Hyndburn Local Plan and Policy Env 6 & 7 of the Hyndburn Core Strategy.
3 No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: I) the parking of vehicles of site operatives and visitors II) loading and unloading of plant and materials III) storage of plant and materials used in constructing the development IV) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate V) wheel washing facilities VI) measures to control the emission of dust and dirt during construction VII) a scheme for recycling/disposing of waste resulting from demolition and construction works.
Reason: In order to avoid the possibility of the public highway being affected by the deposit of mud/or loose materials which could create a potential hazard to road users, in order to protect the amenity of the occupiers of the adjacent properties, in order to protect the visual amenities of the locality and to comply with saved Policy E10 of the Hyndburn Borough Local Plan.
4 No development shall take place (including demolition) within the application site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority.
Reason: In order to provide a reasonable opportunity to record the history of the site and to comply with Planning Policy Statement 5: Planning for the historic environment and saved policy E8 of the Hyndburn Borough Local Plan.
5 Unless otherwise agreed in writing with the Local Planning Authority the applicant should reuse the existing natural stone located on site from previous demolitions of the cottages and the proposed demolished properties (which are part of this application) in the construction of any replacement properties on site.
Reason: In order to preserve and enhance the appearance of the conservation area and in order to comply with saved policies E8 & E10 of the Hyndburn Borough Local Plan and Policies Env 6 & 7 of the Hyndburn Core Strategy.
Informative Note(s)
1 The proposal does not conflict significantly with the provisions of the development plan and in particular is satisfactory in terms of saved Policy E10 of the Hyndburn Borough Local Plan or policies Env 6 & 7 of the Hyndburn Core Strategy. There are no other material considerations which weigh sufficiently against the proposal.
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2 This planning permission is granted in strict accordance with the approved plans. It should be noted however that:
(a) Any variation from the approved plans following commencement of the development, irrespective of the degree of variation, will constitute unauthorised development and may be liable to enforcement action. (b) You or your agent or any other person responsible for implementing this permission should inform Development Control immediately of any proposed variation from the approved plans and ask to be advised as to the best method to resolve the matter. Most proposals for variation to the approved plans will require the submission of a new planning application.
3 This consent is granted subject to conditions and it is the owner and the person responsible for the implementation of the development who will be fully responsible for their compliance throughout the development and beyond.
If there is a condition that requires work to be carried out or details to be approved prior to the commencement of the development this is called a "condition precedent". The following should be noted with regards to conditions precedent:
(a) If a condition precedent is not complied with, the whole of the development will be unauthorised and you may be liable to enforcement action. (b) In addition if a condition precedent is breached, the development is unauthorised and the only way to rectify the development is the submission of a new application. If any other type of condition is breached then you will be liable to a breach of condition notice.
4 A list of professionally qualified archaeological/building recording consultants and organisations who could carry out appropriate archaeological works can be obtained from the Lancashire Archaeology Service, Lancashire County Council, Environment Directorate, P O Box 9, Guild House, Cross Street, Preston, PR1 8RD. Telephone: 01772 531734.
5 The proposed development lies within a coal mining area which may contain unrecorded mining related hazards. If any coal mining feature is encountered during development, this should be reported to The Coal Authority.
Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires the prior written permission of The Coal Authority.
Property specific summary information on coal mining can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com
Recommendation 11/11/0428
That planning permission is approved subject to the following conditions:
Condition(s) and Reason(s)
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1 The development hereby approved shall be commenced before the expiration of three years from the date of this permission or two years from the approval of the last of the reserved matters as defined by condition [2] below, whichever is the later.
Reason: To ensure that the Local Planning Authority retains the right to review unimplemented permissions and to comply with Section 92 (as amended) of the Town & Country Planning Act 1990
2 a) Details of the reserved matters set out below ("the reserved matters") shall be submitted to the Local Planning Authority for approval within three years from the day of this permission:
(i) appearance;
(ii) landscaping. b) The reserved matters shall be carried out as approved. c) Approval of all reserved matters shall be obtained from the Local Planning Authority in writing before any development is commenced.
Reason: To enable the Local Planning Authority to control the development in detail and to comply with Section 92 (as amended) of the Town & Country Planning Act 1990.
3 No development shall take place, including any works of demolition, until a Construction Method Statement has been submitted to, and approved in writing by, the local planning authority. The approved Statement shall be adhered to throughout the construction period. The Statement shall provide for: I) the parking of vehicles of site operatives and visitors II) loading and unloading of plant and materials III) storage of plant and materials used in constructing the development IV) the erection and maintenance of security hoarding including decorative displays and facilities for public viewing, where appropriate V) wheel washing facilities VI) measures to control the emission of dust and dirt during construction VII) a scheme for recycling/disposing of waste resulting from demolition and construction works.
Reason: In order to avoid the possibility of the public highway being affected by the deposit of mud/or loose materials which could create a potential hazard to road users, in order to protect the amenity of the occupiers of the adjacent properties, in order to protect the visual amenities of the locality and to comply with saved Policy E10 of the Hyndburn Borough Local Plan.
4 No development shall take place within the application site until the applicant has secured the implementation of a programme of archaeological work in accordance with a written scheme of investigation which has been submitted to and approved in writing by the Local Planning Authority.
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Reason: In order to provide a reasonable opportunity to record the history of the site and to comply with Planning Policy Guidance16: Archaeology and saved policy E9 of the Hyndburn Borough Local Plan.
5 The development shall be carried out in accordance with the following documents:
(a) The planning application forms and design and access statement received by Hyndburn Borough Council on 04.10.2011 (b) Submitted drawings AA10026-15-C, AA10026-16-B received on 04.10.2011 (c) Submitted documents Bat & Owl survey received on 04.10.2011
Reason: for the avoidance of doubt and to enable Hyndburn Borough Council to adequately control the development and to minimise its impact on the amenities of the local area and to conform with saved Policies E8 & E10 of the Hyndburn Local Plan and Policy Env 6 & 7 of the Hyndburn Core Strategy.
6 The details submitted in pursuance of condition 2 of this consent shall include existing and proposed levels across the site including finished slab levels of all proposed buildings.
Reason: No details of these matters have been submitted with the application and bearing in mind the topography of the site and in accordance with saved Policy E10 of the Hyndburn Borough Local Plan.
7 Prior to the commencement of the development hereby approved the hard surfacing areas shown on the approved plan(s) shall be surfaced with materials the details of which shall be submitted to and to approved in writing by the Local Planning Authority. The hard surfacing shall be completed in accordance with the agreed details prior to the first occupation of the development hereby approved.
Reason: To ensure the use of appropriate materials, in the interests of the visual amenities of the locality and in order to comply with saved Policy E10 of the Hyndburn Borough Local Plan.
Informative Note(s)
1 The proposal does not conflict significantly with the provisions of the development plan and in particular is satisfactory in terms of saved Policies E8 & E10 of the Hyndburn Borough Local Plan and Policies Env 6 & 7 of the Hyndburn Core Strategy. There are no other material considerations which weigh sufficiently against the proposal.
2 The applicant is advised that advice regarding permeable and porous hard surfaces can be found in the Department of Communities and Local Government document 'Guidance on the permeable surfacing of front gardens' which can be accessed on the DCLG website (www.communities.gov.uk).
3 This planning permission is granted in strict accordance with the approved plans. It should be noted however that:
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(a) Any variation from the approved plans following commencement of the development, irrespective of the degree of variation, will constitute unauthorised development and may be liable to enforcement action. (b) You or your agent or any other person responsible for implementing this permission should inform Development Control immediately of any proposed variation from the approved plans and ask to be advised as to the best method to resolve the matter. Most proposals for variation to the approved plans will require the submission of a new planning application.
4 This consent is granted subject to conditions and it is the owner and the person responsible for the implementation of the development who will be fully responsible for their compliance throughout the development and beyond.
If there is a condition that requires work to be carried out or details to be approved prior to the commencement of the development this is called a "condition precedent". The following should be noted with regards to conditions precedent:
(a) If a condition precedent is not complied with, the whole of the development will be unauthorised and you may be liable to enforcement action. (b) In addition if a condition precedent is breached, the development is unauthorised and the only way to rectify the development is the submission of a new application. If any other type of condition is breached then you will be liable to a breach of condition notice.
5 The enclosed approval is issued under the Town & Country Planning Act 1990. You may also require Building Regulation approval which is dealt with by this Department's Building Control Section (Tel: 01254 380194). You must ensure that all necessary permissions are obtained BEFORE starting work, otherwise abortive expense may be incurred.
6 The proposed development lies within a coal mining area which may contain unrecorded mining related hazards. If any coal mining feature is encountered during development, this should be reported to The Coal Authority.
Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires the prior written permission of The Coal Authority.
Property specific summary information on coal mining can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com
7 A list of professionally qualified archaeological/building recording consultants and organisations who could carry out appropriate archaeological works can be obtained from the Lancashire Archaeology Service, Lancashire County Council, Environment Directorate, P O Box 9, Guild House, Cross Street, Preston, PR1 8RD. Telephone: 01772 531734.
8 The grant of planning permission will require the applicant to enter into an appropriate Legal Agreement, with the County Council as Highway Authority. The Highway Authority hereby reserves the right to provide the highways works within the highway associated with this proposal. Provision of the highway works includes design, procurement of the work by contract and supervision of the works. The applicant should be advised to contact
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the Public Realm Manager Hyndburn, Lancashire County Council, Highways Office, Willows Lane Depot, Willows Lane, Accrington BB5 0RT. ______
11/11/0441 Former Cliffe Brickworks, off Cliffe Lane, Great Harwood, BB6 7PQ Full: Demolition of all existing buildings and erection of single storey building to be used as an aviary for birds of prey (Resubmission of 11/11/0290) Mr P Wall
DETERMINATION EXPIRY DATE: 7 TH DECEMBER 2011
Site and Proposal
The site is located in a slightly elevated position from Cliffe Lane and the land rises steeply to the rear of the building. There is currently an existing metal clad building on the site used as an aviary for birds of prey.
The proposal is to demolish the existing steel clad building as well as a number of other structures/walls that were once buildings. The proposed building would measure 70 sq metres and would measure 2.6 metres in height. The building would be constructed in concrete block with timber boarding for the walls and a corrugated green sheeting roof. The applicant proposes to repair the stone wall fronting Cliffe Lane and to plant additional trees.
Planning History
11/08/0358 Erection of replacement single storey aviary/bird hospital - refused 18.9.2008 11/09/0312 Erection of single storey aviary/bird hospital – refused 25.08.2009 – Dismissed on appeal 11/11/0290 Demolition of all existing buildings and erection of single storey building to be used as an aviary for birds of prey – withdrawn 22.8.11
Relevant Policies Hyndburn Borough Local Plan – Policies E10, S1 Hyndburn Core Strategy – Policies ENV6, ENV 7, ENV 3 PPS 1 PPG 2 Draft National Planning Policy Framwework
Notifications
Site notices posted and neighbours notified by letter. The following comments have been received: 56 Cliffe Lane – no objection 60 Cliffe Lane – no objection 58 Cliffe Lane – Pleased that wood is now proposed for the building but are still concerned about future uses of the building (commercial or residential). Recognise that “these
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proposals represent a considerable improvement to the site.” Would ask that the area does not become a storage facility in the future.
Consultations
LCC Highways – no objection subject to condition regarding access onto Dean Lane. Hyndburn Environmental Health – no comments received
Observations
The site falls within land defined as green belt as indicated on the Hyndburn Borough Local Plan proposal map. The proposal therefore falls to be determined against policy S1 of the Hyndburn Borough Local Plan and PPG 2. There is already a building on the site used as an aviary for birds of prey. Nonetheless this new development is by definition inappropriate development and therefore harmful in green belt terms. In considering inappropriate development the applicant (following pre-application discussions with officers) has put forward a case to indicate why the harm by reason of inappropriateness is outweighed by other factors and these are as follows.
There is already a building on the site and the proposed building would be no higher. The existing building as well as other walls/structures on the site would be removed from the site prior to the application building being erected The scheme has been amended and reduced in size in order to address comments made by a Planning Inspector who considered an appeal for a larger scheme.
Officers have considered the revised scheme and do consider that the harm by reason of inappropriateness is outweighed by other considerations. The building would be smaller than the appeal scheme (70 sq m compared to 83 sq m and 2.6 m high compared to 3.4 m high) and in addition the applicant has agreed to remove all existing buildings/structures/walls from the site prior to the application building being erected. The existing aviary building(s) measures some 115 sq m. Therefore, there would be a net gain to the openness of the green belt if this application were allowed and subject to all existing buildings being demolished prior to commencement of development.
In addition to the above officers attach some weight to the continuation of the existing use on the site as did the Planning Inspector who determined the most recent appeal. In considering appeal APP/ R2330/A/10/2123300/NWF the Inspector commented “I note that injured birds of prey are brought to this site in order to recover prior to being released back into the wild. Indeed the appellant has been carrying out this function at this location since 1972. I consider that this matter adds a moderate amount of weight in favour of the development”. The applicant has also put forward an indicative landscaping scheme (including proposals to repair the stone wall fronting Cliffe Lane) that if implemented would help to soften the proposed development relative to the existing situation and improve the visual amenity of the area.
This scheme addresses some of the shortcomings of the previous scheme in terms of design and materials. In relative terms the proposed building would look rural in appearance with the use of timber for the walls.
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Subject to conditions relating to use, landscaping (including repairing the stone wall), visibility splays, demolition and materials officers consider that there are special circumstances that justify allowing inappropriate development in green belt. Whilst the proposal constitutes a departure from green belt policy this is essentially a matter of local and not strategic significance and accordingly it is not recommended that the application be referred to the Secretary of State.
Recommendation
That planning permission is approved subject to the following conditions:
Condition(s) and Reason(s)
1 The development hereby approved shall be commenced before the expiration of three years from the date of this permission.
Reason: To ensure that the Local Planning Authority retains the right to review unimplemented permissions and to comply with Section 91 (as amended) of the Town & Country Planning Act 1990.
2 The development shall be carried out in accordance with the following documents:
(a) The planning application forms and design and access statement received by Hyndburn Borough Council on 12th October 2011 (b) Submitted drawings DWG 2 (titled proposed new single storey aviary and storage building) and DWG 3 (titled site plan) and the red edged site location plan received on 12 th October 2011.
Reason: for the avoidance of doubt and to enable Hyndburn Borough Council to adequately control the development and to minimise its impact on the amenities of the local area and to conform with saved Policy E10 of the Hyndburn Local Plan and Policies Env 6, Env 7 and Env 3 of the Hyndburn Core Strategy and PPG2.
3 Prior to the first use of the building hereby approved a satisfactory programmed landscaping scheme (including works of repair to the stone wall fronting Cliffe Lane) which shall include hard surfacing, means of enclosure, planting of the development, indications of all existing trees and hedgerows on the land and details of any to be retained, together with measures for their protection in the course of the development, shall be submitted to and approved in writing by the Local Planning Authority. The approved scheme shall be implemented during the first planting season following the completion of development and any tree or shrub planted which dies or is felled, uprooted, wilfully damaged or destroyed in the first five year period commencing with the date of planting shall be replaced by the applicants or their successors in title.
Reason: To ensure a satisfactory form of development and to enhance the visual amenities of the locality, and in order to comply with saved Policy E10 of the Hyndburn Borough Local Plan and Policy Env 7 of the Hyndburn Core Strategy.
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4 All buildings, walls, structures on the site (as per drawing No. 1 "Existing buildings 284 sq m all to be demolished") shall be demolished and associated materials removed from the site prior to the development hereby approved being commenced.
Reason: In the interests of the openness and visual amenities of the green belt having regard to PPG 2.
5 The building hereby approved shall be used solely as an aviary for birds of prey. Apart from the owner(s) or manager(s) of the site members of the public shall at no time visit the site. Reason: In the interests of highway safety and residential amenity having regard to saved Policy E10 of the Hyndburn Borough Local Plan and Policy Env 7 of the Hyndburn Core Strategy
6 Prior to the commencement of the development hereby approved, samples of the external roofing and facing materials shall be submitted to and approved in writing by the local planning authority. The development shall be constructed in accordance with the approved details/samples.
Reason: To ensure the use of appropriate materials, in the interests of the visual amenities of the locality and in order to comply with saved Policy E10 of the Hyndburn Borough Local Plan and Policy Env 7 of the Hyndburn Core Strategy.
7 There shall be no storage of materials outside of the building at any time. Vehicles shall not be parked at the site overnight. Storage shall only be ancillary or incidental to use of the building as an aviary for birds of prey.
Reason: In order to ensure that associated materials are stored only in the building hereby approved and to ensure that vehicles are not left on site over night in the interests of the openness and visual amenities of the green belt and to accord with PPG2.
8. Prior to first use of the building hereby approved the wall on the left of the access onto Dean Lane (of vehicles leaving the site) should be no more than 900 mm high and the hedge along the site boundary should be cut back such that a visibility splay of 2.4 metres (X) and 17 metres (Y) is provided. The visibility splay shall be retained at 2.4 m X 17 m thereafter and the wall shall at no time exceed 900 mm.
Reason: In the interests of highway safety and in order to comply with saved policy E10 of the Hyndburn Borough Local Plan and Policy Env 7 of the Hyndburn Core Strategy.
Informative Note(s)
1 REASONS FOR APPROVAL OF THE APPLICATION : Having considered local, national and regional planning policies it is considered that the green belt harm by reason of inappropriateness is outweighed by other considerations and therefore an exception can be made to green belt policy (in particular PPG 2) subject to conditional control
2 This planning permission is granted in strict accordance with the approved plans. It should be noted however that:
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(a) Any variation from the approved plans following commencement of the development, irrespective of the degree of variation, will constitute unauthorised development and may be liable to enforcement action. (b) You or your agent or any other person responsible for implementing this permission should inform Development Control immediately of any proposed variation from the approved plans and ask to be advised as to the best method to resolve the matter. Most proposals for variation to the approved plans will require the submission of a new planning application.
3 This consent is granted subject to conditions and it is the owner and the person responsible for the implementation of the development who will be fully responsible for their compliance throughout the development and beyond.
If there is a condition that requires work to be carried out or details to be approved prior to the commencement of the development this is called a "condition precedent". The following should be noted with regards to conditions precedent:
(a) If a condition precedent is not complied with, the whole of the development will be unauthorised and you may be liable to enforcement action. (b) In addition if a condition precedent is breached, the development is unauthorised and the only way to rectify the development is the submission of a new application. If any other type of condition is breached then you will be liable to a breach of condition notice.
4 The enclosed approval is issued under the Town & Country Planning Act 1990. You may also require Building Regulation approval which is dealt with by this Department's Building Control Section (Tel: 01254 380194). You must ensure that all necessary permissions are obtained BEFORE starting work, otherwise abortive expense may be incurred. ______
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THE FOLLOWING APPLICATIONS ARE RECOMMENDED FOR REFUSAL (Category A)
11/11/0436 Manor House Farm Tottleworth Rishton BB1 4AN Full: Extension of current livery yard with proposed building to house 8 livery stables, rest room and an equine shower (resubmission 11/11/0350) Mr Andrew Swale
DATE FOR DETERMINATION: 5 th December 2011
Site description and locality
Manor House Farm is located in the hamlet of Tottleworth, within the Green Belt between Rishton and Great Harwood. The farm comprises the Listed farmhouse and several buildings in agricultural and livery use, served by an access drive leading off Tottleworth Road. Most of the farm premises, including the application site, lie within the Tottleworth Conservation Area.
Details of proposal
The scheme involves the erection of a building to provide an increase in the existing livery facilities at Manor House Farm. The existing number of horses accommodated at the Farm is stated in the application as 27, and the proposed building would accommodate a further 8 horses. The proposed building would be sited to the north/north east of the existing group of buildings, immediately to the west of a sand paddock. Part of the building would be sited on an existing hardsurfaced car parking area which is set approximately 1.5m below the level of the adjacent sand paddock. This would require land between the car park and the banking of the sand paddock to be dug out. The proposed building is described as an “American style barn”, measuring 18.2m long x 12.1m wide, with an eaves height of 3m and a ridge height of 4.6m. The total floor area of the proposed building would be 220m², and it would provide 8 individual stables, a rest room and an equine shower room, all served off an internal central passage. The lower part of the building would be constructed of concrete panels, the upper part would be timber boarding, the roof would be grey cement fibre sheets, and the large doors at each end would be tin sheeted.
An identical planning application was refused at officer level on 3 rd October 2011. This re- submission planning application has been referred to Planning Committee by Councillor Harry Grayson.
Planning history
11/11/0350. Extension to current livery yard with proposed building to house 8 livery stables a rest room and an equine shower. Refused 3.10.2011. 11/11/0348 Erection of agricultural livestock/storage building. Approved conditionally 20.10.2011. 11/07/0575 Erection of agricultural building. Approved conditionally 12.11.2007.
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11/00/0144 Erection of extensions to and change of use of agricultural buildings to provide livery stables for 24 horses. Approved conditionally 2.6.2000. 11/99/0381 Retention of temporary access road, upgrade of running surface and landscaping. Approved conditionally 27.10.1999. 11/98/0497 Change of use of part of hay barn to provide livery of two horses. Refused 3.2.1999. 11/94/0305 Erection of agricultural storage building and creation of new access and turning head. Approved conditionally 17.6.1994. 11/93/0520 Change of use of farm buildings to provide livery for 25 horses. Withdrawn. 11/92/0684 Change of use from cattle housing to livery stables. Refused 24.3.1993. 11/91/0705 Retention of stable block for livery of 12 horses. Approved conditionally 27.3.1992. 11/91/0268 Retention of stable block and use for livery stables with indoor riding. Refused 19.9.1991.
Consultations
Lancashire County Council (Highways): No objections; there is unlikely to be a significant impact on the adopted highway network.
Lancashire County Council (Archaeology): No significant archaeological implications.
HBC Environmental Health: No comment.
HBC Conservation Officer: The building would be located on the boundary of the Tottleworth Conservation Area. There are currently buildings of similar modern agricultural nature in the area. Whilst the building would have an impact on the appearance of the conservation area this is somewhat minimal due to its positioning within the existing farm complex and the fact that this area is distinctly separate from the older core of the conservation area in location and character. Amendments to the materials/finish of the materials required to ensure that the appearance of the conservation area is not detrimentally affected.
HBC Tree & Woodlands Officer: No objections.
Press notice published/site notice displayed/neighbouring properties notified: Letters received from two neighbouring residents raise the following points: • 5 or 6 separate applications for liveries have been made, some in retrospect and work completed, each finally getting approval except for one application which was refused and is still in use whenever it suits the applicant. There are currently stables for approximately 40-50 horses and the current application will bring the total to approximately 50-60 horses – when is enough enough? • The access road and stables are in continuous use from 7am to 10pm every day of the year, each client in and out twice on average, plus guests and friends in cars or commercial vehicles. There is riding of horses on the road, on a public footpath not a bridleway. Clients use the Ladybird Walk and White Path (old line of railway track), gaining access to the White Path up steps by the old railway bridge over Tottleworth Road. Council notices and bollards are ignored, and paths are accessed at will by clients with no consideration for the damage they are causing to public access footpaths.
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• Earlier comments made by Officers in writing are nonsense, i.e. no evidence of use of stable units without planning and noise levels equal or less now than when a working farm. The noise generated by soft footed cattle with one or two farmhands is not the same as 50-60 metal shod horses in addition to the actual shoeing, shod horses trotting or walking on concrete (damaging unmade roads and paths), and clients and visitors shouting greetings. The tranquillity of the hamlet (the last one in Hyndburn) has been damaged. • The site of the proposed unit is adjacent to the existing Tottleworth Conservation Area and within the Council’s proposed enlargement to the Conservation Area and is immediately adjacent to the only Listed Building in Tottleworth. The proposed construction materials are totally out of keeping with its proposed location in proximity to the Listed Building. • Its location on part of the existing livery stables car and vehicle park will also require planning permission for the resiting of the parking lost and additional parking for new clients of the proposed livery. • The conditions imposed on all previous applications should be imposed not just ignored. A condition should be imposed requiring all horse riding and exercising to be on land for his sole use and not on private land or public footpaths. • Are the livery clients insured if involved in an accident such as a horse bolting or rearing causing damage or injury to residents, members of the public or private property, or are all accidents covered by the applicant’s own insurance? • He has queries regarding other developments at the site and regarding the need for him to submit his comments again for this resubmitted application. • He has no problem with the proposed extensions, but would be interested to know who will be responsible for the upkeep of Tottleworth Road with the expected increase in traffic the proposed development would bring, as this is the only access road to the stables. • The junction of Tottleworth Road and the A678 is a notorious blind spot and an accident waiting to happen. Would the stables owners consider erecting a mirror, reflecting approaching traffic coming down the hill of the A678, to increase visibility at this junction and ensure the safety of their customers? • As there is no speed limit signposted on Tottleworth Road, would the stables owners consider putting speed limit signs up reflecting an acceptable limit for a single track unlit road, as a number of their current visitors think that any speed will do? • With the increase in stables/horses, are the stables owners going to take some responsibility in cleaning up behind their animals when out on Tottleworth Road and the surrounding areas?
Relevant Policies
Hyndburn Borough Local Plan Saved Policies
Policy S1 - Green Belt
The Policy states: “In the Green Belt, as defined on the proposals map, planning permission will not be given, except in very special circumstances, for the erection of new buildings other than for the purposes of agriculture, forestry, essential facilities for outdoor
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sport and recreation and cemeteries… The need to maintain the openness of the Green Belt will be an overriding consideration.”
Policy S7 - Non-Agricultural Stables in Rural Areas
The Policy states: “When considering proposals for non-agricultural stables in rural areas the Council will take into account, amongst other matters, the Policies for the Green Belt where relevant and the criteria in Appendix Two.”
Appendix Two – The Construction of Stables In Rural Areas
The Guidance states that: “The proposed building must be capable of being sited without causing harm to visual amenity or the rural character of the area… On some land it will not be possible to satisfactorily site a building without harming visual amenity or the rural character… Stables shall relate to the character of the area… The design, materials and architectural detailing of a building shall be appropriate to its surroundings and should make a worthwhile contribution to the rural landscape.”
Policy E10 - Development criteria
The Policy includes a set of criteria against which applications will be considered, including size, design, visual impact.
Hyndburn Borough Council Core Strategy DPD (Publication Edition)
Policy Env 1 Green Infrastructure
The Policy requires that “Green infrastructure resources, including open countryside, will be protected.. and where developments are within the green infrastructure network, they will be expected to contribute towards its protection and enhancement.”
Policy Env6 High Quality Design
The Policy requires that: “The character and quality of Hyndburn’s urban and rural environments will be conserved through high quality design…new development will be expected to maintain and enhance local distinctiveness including the character and quality of both townscape and landscape.”
Policy Env7 Environmental Amenity
The Policy requires that: “Proposals for new development will be permitted only if it is demonstrated that the material impacts arising by reason of …visual impact… will not give rise to unacceptable adverse impacts or loss of local amenity.”
National Planning Policy
PPS1 Delivering sustainable development
PPG2: Green Belts
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Paragraph 1.5: “There are five purposes of including land in Green Belts: to check the unrestricted sprawl of large built up areas; to prevent neighbouring towns from merging into one another; to assist in safeguarding the countryside from encroachment; to preserve the setting and special character of historic towns; and to assist in urban regeneration by encouraging the recycling of derelict and other urban land.”
Paragraph 3.4: “The construction of new buildings inside a Green Belt is inappropriate unless it is for the following purposes: agriculture and forestry, essential facilities for outdoor sport and outdoor recreation, for cemeteries or other uses of land which preserve the openness of the Green Belt…”
Paragraph 3.5: “ Essential facilities should be genuinely required for uses of land which preserve the openness of the Green Belt and do not conflict with the purposes of including land in it. Possible examples of such facilities include small changing rooms or unobtrusive spectator accommodation for outdoor sport, or small stables for outdoor sport and recreation.”
Paragraph 3.15: “The visual amenities of the Green Belt should not be injured by proposals for development within or conspicuous from the Green Belt which although they would not prejudice the purpose of including land within Green Belts, might be visually detrimental by reason of their siting, materials or design.”
PPS7:Sustainable Development in Rural Areas
Paragraph 30: “Local planning authorities should… where relevant, give favourable consideration to proposals for diversification in Green Belts where the development preserves the openness of the Green Belt and does not conflict with the purposes of including land within it. (Where farm diversification proposals in the Green Belt would result in inappropriate development in terms of PPG2, any wider benefits of the diversification may contribute to the ‘very special circumstances’ required by PPG2 for a development to be granted planning permission.”
Paragraph 31: “A supportive approach to farm diversification should not result in excessive expansion and encroachment of building development into the countryside.”
PPS4:Planning for Sustainable Economic Growth
Paragraph EC6.2: “In rural areas, local planning authorities should…support diversification for business purposes that are consistent in their scale and environmental impact with their rural location.”
Applicant’s case
In support of his application, the applicant has put forward supporting information including the following information: • Manor House Farm has been tenanted by the applicant and his father before him for many years, having been a pedigree dairy cattle farm. The applicant embarked on a farm diversification scheme in 2000. Planning permission was granted in April 2000, and the current business was established as a result of this permission.
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• The existing facilities on the livery side of the farm business provides 33 stables in total, 27 being let out to paying customers, and the remaining 6 stables being used by the applicants for their own horses.
• Planning permission has recently been granted for an agricultural livestock and storage building to accommodate the applicant’s pedigree dairy cattle breeding herd, and general farm machinery / hay and straw. The applicant has been proposing to improve the cattle side of the business for some time, and the agricultural building currently being applied for is the resubmission of a lapsed approval, from August 2007.
• As in all businesses, expansion and improvement are governed by finances, and although Mr Swale has been intending to proceed with these plans for some time, it has only recently become a viable financial option. To this end he feels that he must up grade the existing agricultural and equine related facilities on the farm. The business plan is to use the profits from the livery business to fund the expansion and up grading of the agricultural element, as the livery provides an instant steady cash flow, compared to the agricultural enterprise which is a longer process leading to the end result.
• Due to the excellent facilities at Manor House Farm livery yard, there is currently a waiting list of 30 horses (mostly in multiples of two owned by the same client). These are from the local area, and have a desire to use the facilities at the site. The potential to accommodate these is partly covered by this application, it would also provide local employment, as the need for full livery is in high demand. The main distinction of this building, in contrast to the existing DIY Livery service that exists on site, is that it will be operated as Full Livery. This means that the applicant will provide full care of the horses stabled on behalf of his clients. In this case the building will offer a new service and one which is currently not an available amenity on the farm.
• The actual location of the proposed stable building is at the lowest level on the farm yard, not visible from any nearby roads, and lying at a lower level than the surrounding properties. It is slightly higher than the fence line of the adjacent sand paddock (1.6m higher), and in relation to the proposed agricultural building is it significantly subordinate. There are mature trees to the west of the proposal, screening it from view of the hamlet, and the existing built environment to the south. Indeed the applicant would not be averse to screening the proposal further to the north. The proposed building sits within the existing built environment of the farm yard, partially on the footprint of a former walled muck midden, which is currently used for a car park to service the existing livery business. It is excessive in size for this purpose, so to utilise part of it for the proposed stable building is reasonable and does not cause any interference to the current arrangements.
• The proposed building is not in the form of traditional stables of wooden construction, but in an American Barn type building which very closely resembles a modern agricultural building, sitting well in the agricultural environs of the general area.
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• This proposal is to provide additional means of income for the applicant, and as a farm diversification project it works well for the unit as a whole, in that the livery element provides a steady income to fund the injection of funds into the agricultural enterprise. In addition it provides benefits to the local community in the form of employment of grooms, local horse feed companies, vets, blacksmiths, tack and equipment sales etc. The ideals of a thriving local community expressed in Hyndburn’s Core Strategy are met well by this proposal in many ways.
• In terms of PPG2, it is believed that the rural nature of the application in question is covered under essential facilities for outdoor sports, especially in this case as it sits well in the existing diversification alongside the agricultural activities.
• The proposed development also meets national policy requirements in that it will help to “retain attractive landscapes, and enhance landscapes, near to where people live” through the nature of business they specialise in.
Conclusion of the very special circumstances:
• This is a well-conceived extension to an existing and successful farm diversification scheme for business purposes that contributes to sustainable development objectives and helps to sustain the agricultural enterprise, it is consistent in scale with the rural location and existing built environment of the farm.
• This diversification in the Green Belt does not affect the openness of the Green Belt and does not conflict with the purposes of including land within it.
• The expansion of the existing facility is not excessive and does not encroach into the countryside, it sits on an existing concrete base that was formerly a muck midden. The proposal would not have an adverse effect on neighbour amenity, as the stabling of horses already exists on the farm. Full facilities for exercising the horses are provided by the existing sand paddock, and there is no need for the riders to leave the site in order to properly exercise their horses.
• There are no buildings on the farm that are available to convert or re use for this purpose; they are all in use already.
• The applicant is keen to impress upon the council that he is prepared to make a substantial financial commitment to this project to ultimately assist in the improved profitability of the unit, and the two elements working harmoniously together.
• It is believed that very special circumstances apply in this situation and that careful consideration is required by the LPA of all contributory factors before a decision is made.
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Observations
Planning permission for an identical proposal was refused under delegated powers on 3 October 2011 (11/11/0350). This resubmitted application is presented to Members at the request of a local Councillor.
The key issues for consideration in this case are whether a development of this scale is justified in the Green Belt and what impact the development would have on the openness and visual amenities of the Green Belt, and whether the very special circumstances put forward by the applicant are sufficient to warrant approval of the scheme contrary to Green Belt policies.
National planning policy guidance contained in PPG2: Green Belts is clear that in Green Belt locations, only small stables are acceptable, and essential facilities for outdoor sport and outdoor recreation should be genuinely required for uses of land which preserve the openness of the Green Belt and do not conflict with the purposes of including land in it. The size of the stable block is of particular concern. The building, providing 8 stables and additional restroom and equine shower room, and having a ridge height of 4.6m, could not be reasonably described as small, far exceeding the size and scale envisaged in PPG2 as small stables. Therefore due to the size of the stable building, the proposed development must be regarded as inappropriate development contrary to PPG2 and to Local Plan Policy S1.
In addition to the proposal constituting inappropriate development in the Green Belt, it would also be harmful to the Green Belt. It involves a building of significant footprint located on the fringe of the existing group of buildings and would not be adequately screened by existing landscaping. The development would appear intrusive in the rural landscape, would reduce the openness of the Green Belt, and would have a harmful effect on the visual amenities of the Green Belt.
The applicant has put forward supporting information to suggest that there are very special circumstances which would warrant an exception to Green Belt policy. In particular, the applicants see the proposal as an extension to an existing and successful farm diversification scheme for business purposes However, PPS 7 requires that proposals for diversification in Green Belts should preserve the openness of the Green Belt and does not conflict with the purposes of including land within it. Although PPG7 states that where farm diversification proposals in the Green Belt would result in inappropriate development in terms of PPG2, any wider benefits of the diversification may contribute to the ‘very special circumstances’ required by PPG2 for a development to be granted planning permission, I do not consider that the wider benefits of diversification for the rural area are proven in this case. In addition, PPS4 requires that a supportive approach to farm diversification should not result in excessive expansion and encroachment of building development into the countryside.
I do not consider that the information provided satisfactorily demonstrates that very special circumstances apply in this case to warrant approval of a building of this substantial size and impact in this Green Belt location. Therefore the proposed development would be contrary to saved Policies E10, S7 and Appendix Two of the Hyndburn Borough Local Plan, to Policies Env1, Env6 & Env7 of the Hyndburn Core Strategy, and to national policy advice contained in PPS1 and PPG2.
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Other issues raised by neighbours, including the impact on the Conservation Area and Listed Building, traffic considerations and potential for noise nuisance, are not, on the basis of the consultation responses received from HBC Conservation Officer, LCC Highways and HBC Environmental Health, issues which would warrant a refusal of planning permission.
Recommendation
That planning permission is refused for the following reason:
Reasons for refusal
1 The proposed building would be of a size, design and appearance that would cause harm to the openness and visual amenities of the Green Belt. The proposal would constitute inappropriate development in the Green Belt and no special circumstances have been advanced by the applicant to justify the harm that would be caused to the Green Belt. For these reasons the proposal does not accord with saved Policies E10, S7 and Appendix Two of the Hyndburn Borough Local Plan, Polices Env1, Env6 & Env7 of the Hyndburn Core Strategy, and national policy advice in the form of PPS1 & PPG2.
Informative Note(s)
1 The following drawings and documents form the basis of the refusal notice: Planning application forms, Design & Access Statement & Planning Statement submitted on 10 October 2011.
Location Plan & drawing no. ML/AS/5019 submitted on 10 October 2011. ______
11/11/0439 1 Park Street Great Harwood BB6 7BP Full: Erection of dome and minarets to front roof slope, erection of ground floor and first floor extensions and second floor dormer extension and external alterations Mosque Committee
DETERMINATION EXPIRY DATE: 7 th December 2011
Site description and locality
This application relates to an end of terrace property located at the junction of Park Street and St Edmund Street, which was originally three dwellings. 24 St Edmund Street was first used as a Mosque in 1971, and in 1981 the Mosque was extended into 26 St Edmund Street and 1 Park Street. It is a two-storey building with a single-storey extension to the rear providing toilets and ablution facilities. At present the ground floor is used as the main prayer room, and the first floor is used as a class room, office, staff room and store.
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Details of proposal
The scheme involves: 1. A ground floor extension alongside the toilet/ablution room to provide a separate staircase access to the proposed first floor classroom 2. 2. A first floor extension above the toilet/ablution room to provide a second classroom. 3. A second floor classroom in the roof space, including the erection of a dormer. 4. The erection of a dome on top of the roof and two minarets on the front roof slope facing Park Street. 5. The installation of a half dome at first floor level on the St Edmund Street frontage.
Planning history
11/05/0672 Installation of 2no. entrance doors to front elevation and 1no. entrance door to side elevation and removal of 1no door to side elevation. Approved conditionally 14.11.2005 11/89/0397 Erection of extension to Mosque to form toilets. Approved conditionally 12.9.1985 11/80/0613 Change of use to Moslem Mosque. Approved conditionally 7.4. 1981. (1 Park Street/26 St Edmund Street) 11/79/0395 Change of use of ground floor office and store amusement machines and first floor store for building materials. Refused 23.8.1979. (1 Park Street/26 St Edmund Street). 11/77/0607 Continued use of premises as a Moslem Mosque. Approved conditionally 16.3.1978. (24 St Edmund Street). Permanent permission. 11/76/0311 Continued use as a Moslem Mosque. Approved conditionally 23.12.1975. (24 St Edmund Street). Temporary permission until 30.6.1978. 11/75/0387 Renewal of permission for Moslem Mosque. Approved conditionally 2.10.1975. (24 St Edmund Street). Temporary permission until 30.6.1976. 6/6/04680 Renewal of permission for continued use as a Mosque. Approved conditionally 25.1.1974. (24 St Edmund Street). Temporary permission 2 years. 6/6/3737 Change of use from dwelling to Mosque. Approved conditionally 4.11.1971. (24 St Edmund Street). Temporary permission 2 years.
Consultations
Lancashire County Council Highways: Objection on the grounds of impact on highway safety and traffic movement, and lack of appropriate parking.
Lancashire County Council Archaeology: No significant archaeological implications.
Environmental Health: Landfill gas measures required.
Site notices displayed/neighbouring properties notified:
The operators of Whiteheads shop on Park Street have confirmed in writing that they support the application.
One letter of objection has been received from a resident of Great Harwood, raising the following points;
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• This is a quiet residential street, the property is to be extended and as a result there will be a massive increase in traffic and parking from worshippers and students attending the Mosque/Madrasa. Historically in east Lancashire there have been repeated complaints by neighbours living adjacent to Mosques with problems caused by obstructing motor vehicles. • He does not feel that the erection of a dome and minarets are in keeping with the surrounding architecture and will not improve the profile of a traditional Lancashire mill town. • Of course he has no objection whatsoever to any denomination pursuing their religion but he does foresee potential problems at this site should this application be approved. In his opinion, the building should remain in its current state.
A resident of Park Street has submitted concerns via a Councillor. She is concerned that she was not notified of the application by letter, and that site notices were removed. She does not object to the dome/minarets, but only to the lack of consultation.
Relevant Policies
Hyndburn Borough Local Plan Saved Policies Policy E10 - Development criteria
Hyndburn Core Strategy Policies Policy Env6 – High Quality Design Policy Env7 – Environmental Amenity
Hyndburn Borough Council Car Parking and Access Standards
Observations
The Design and Access Statement submitted by the applicants contains the following information in support of the application:
• The Ghosia Mosque and learning Centre has been in existence for over forty years in its current form serving the original small Muslim community, initially with one and then later two terraced properties. Since those early days the Muslim community has grown in terms of its membership as well as its needs and uses. • Today much more is expected from the local Mosques in its service to the community providing not only a place of worship but also education in Islamic studies, home work classes, adult education for both male and female members and part funeral service etc. • With this new confidence the young community feels it needs to keep up to date with its neighbouring communities of Blackburn and Burnley Mosques and follow the Islamic vernacular in architecture and design. Thus the reason for the application for the dome and minaret. There are many examples of such Mosques in Blackburn Randall Street, Victoria Street, Audley Range Nurul Islam Mosque and Burnley Stoneyholm Shahjalal Mosque, Able Street Shia Mosque etc. • The proposed rear dormer & two storey extension has been designed to cause minimum effect on the surrounding area and the local architecture taking into consideration local and existing materials for its development. This additional
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space would provide a much needed separate entrance to the female members of the community and would provide space for storage and administration offices. • The dome and minarets to be manufactured by specialists in steel or fibre glass. These features denotes a symbol of Islam and a place of prayer, combined with the call of Prayer with loud speakers. In this case the applicants are aware of multi ethnic mix and religion and are mindful of the needs of others and therefore are not applying for the loud speaker calls. • Colour of the dome and minarets to be decided, but as a general rule of thumb green is a preferred colour which symbolises peace in Islam with Turquoise and gold motifs. One of the famous and most notable Mosques to use green is the Madina Mosaque in Madina, Saudia Arabia the focal point of the origins of the faith. The Dome Rock Mosque, Palestine etc. • The proposed learning centre has been designed to allow 15/20 pupils to have after school tuition in religious study and homework classes. The extended space would provide a more enhanced service to the community with defined spaces for the members. Currently the rooms are used as mixed classes for the Children. This would change with female tutors teaching female pupils. Currently Friday prayers are only attended by male members of the community due to lack of space. The separate entrance and room solves this problem and be would be ideal for female attendance. Providing a free voluntary service to its members and access to all including partially impaired, the elderly and ambulant disabled etc (within limitations). The measures range from providing members of the voluntary managing committee to oversee any difficulty encountered by any of its member’s • The Mosque & Islamic centre has no car parking facility but there is street parking available all day and other parking on the near by streets. Since majority of the patrons are of the same street and local walking distance use of car will seldom be an issue. The additional space would not increase membership so therefore would not increase traffic. The entrance allows for drop off and taxi collections.
The key issues for consideration in this case are the visual impact of the development, the impact on the amenities of neighbouring residents, and the impact on traffic generation, parking and highway safety.
The highest part of the existing roof would be cut away to allow the base of the dome to be set down, but the dome would still project 2.5m above the highest level of the remaining roof. The dome would be 4m in diameter. The minarets would be 3.175m high x 0.7m in diameter, located on the on the front roof slope facing Park Street, and would project 1.2m above the highest level of the roof. The half dome would be attached to the first floor of the building on the St Edmund Street frontage. The dome, minarets and half dome would be constructed of fibre glass, and the applicants’ favoured colour would be green with turquoise and gold motifs.
Whilst in other neighbouring towns there are a number of buildings with domes and minarets, these features are not currently found in Hyndburn. However, the planning permission granted for a replacement mosque to be built in Higher Antley Street (11/09/0451) includes a dome and minarets. I accept that the applicants have aspirations to erect distinguishing features to reflect the use of the building and the changes in society. However, in this area characterised by stone terraced residential properties, the proposed dome and minarets would be a somewhat alien feature in the street scene, which would be visible from a wide area of Great Harwood, given the topography of the
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town. In this location, the proposed dome and minarets would not be in keeping with the character and appearance of the surrounding area, and therefore would be unacceptable on visual amenity grounds.
At present, there is a gap of approximately 1m between the side wall of the existing single- storey toilet/ablution block and the boundary with the adjoining residential property, 22 St Edmund Street. The proposed extension would result in the loss of this gap, and the erection of a two-storey extension and a wide dormer in the roof space, located adjacent to the boundary with no.22. The applicants have amended the scheme to incorporate obscure glazed windows in the side-facing dormer in order to address the issue of overlooking of neighbouring properties in St Edmund Road and Princess Street. However, due to the position of the proposed extension up to the common boundary, an unacceptable degree of loss of amenity would be suffered by the occupiers of no.22 due to loss of outlook and overbearing impact. Had the application been for a house extension of this scale and in this position, it would have been refused as contrary to the Householder Design Guide SPD. Therefore the proposed development is unacceptable on neighbour amenity grounds.
Lancashire County Council’s Traffic & Development Engineer has provided the following advice on the issues of traffic generation, parking and highway safety:
With a development such as this the Car Parking and Access standards for Hyndburn require that there should be an identified number of off road car parking spaces associated with it. A Mosque would be classified as a D1 use (Hall and place of worship) and as such would normally be expected to provide 1 parking space per 5 sq m of floor space. On the current footprint of the building (236 sq m) this would amount to 47 spaces.
In reality there is no off street car parking associated with the building and all parking associated with people coming to the mosque takes place on surrounding streets. This situation is something that has developed historically and if the building were to be developed from new today there would be a requirement for some off road parking to be included in any works.
It is appreciated that the times when the Mosque is functioning at its full capacity are limited but when this happens it inevitably creates pressure on the local network of streets. The proposed extension of the current buildings footprint will it is believed lead to increased usage of the building, either at the existing peak times or over a longer period of time.
While it is impractical to look to require the Mosque to meet its total car parking requirement, which with the extension would be 63 places, I believe that the proposed extension would exacerbate an existing problem. This extension will increase usage of the site, with an inevitable increase in parking requirements for people attending the building, whether it be more cars arriving at peak time or the mosque being used over a longer period of time.
Based on the increased usage, above the current historical situation, I feel that as a minimum the development will require the inclusion of a minimum of 16 off street car parking spaces to be included in any plans. This figure is based on
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an increase of 81 sq m of floorspace which under the current Hyndburn policy requires 1 space per 5 sq m. As the Mosque is centrally located this could be reduced by 10% which with rounding up would give a figure of 14 spaces at a minimum.
Therefore because of the impact on highways safety and traffic movement within the area of the Mosque created by this extension and the lack of appropriate parking I object to the proposal as it stands.
Given the advice provided by Lancashire County Council as Highway Authority, the proposed development is unacceptable on the grounds of detrimental impact on highway safety and inadequate parking provision. The application is also recommended for refusal for residential and visual amenity reasons.
Recommendation
That planning permission is refused for the following reasons:
Reasons for refusal
1 The proposed dome, minarets and canopy, by reason of their location, design, appearance and materials, would be inappropriate and out of character with the surrounding development and therefore detrimental to the visual amenities of the area. Therefore the proposed development would be contrary to saved Policy E10 of the Hyndburn Borough Local Plan and to Policies Env6 & Env7 of the Hyndburn Core Strategy and PPS 1.
2 The erection of the proposed extension, because of its height, size, location and design, would constitute an unneighbourly form of development which would be detrimental to the amenities of the occupiers of the adjoining dwellings, in particular by reason of loss of outlook and overbearing impact. The proposed development would therefore be contrary to saved Policy E10 of the Hyndburn Borough Local Plan and to Polices Env6 & Env7 of the Hyndburn Core Strategy.
3 The increased usage of the building, which has no associated off-street parking, resulting from the erection of the proposed extensions would result in increased traffic generation and increased on-street parking in the surrounding area, to the detriment of highway safety. Therefore the proposed development would be contrary to saved Policy E10 of the Hyndburn Borough Local Plan and Policies Env6 & Env7 of the Hyndburn Core Strategy and would not meet the requirements of the Council's adopted Car Parking & Access Standards.
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Informative Note(s)
1 The following drawings and documents form the basis of the refusal notice: planning application forms received on 12th October 2011 Design and Access Statement (Amended 30/10/11) Drawing No. 1059, ("existing layout") & 1059 ("proposed layout") received on 30th October 2011. ______
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THE FOLLOWING APPLICATION IS RECOMMENDED FOR CONDITIONAL APPROVAL (Cat A)
11/11/0500 13 Calf Hey, Clayton le Moors, Accrington, BB5 5XW Mr Miles Parkinson
DETERMINATION EXPIRY DATE: 20 January 2012
Site description and locality
The application relates to a semi-detached property located at the southern side of Calf Hey in Clayton le Moors. The property comprises three bedrooms all of which are located on the first floor. 3no. car parking spaces are located on the driveway to the front of the property.
There are residential properties to the north, south, east and west of the application site. The neighbour adjacent to the proposed extension (no.14 Ox Hey) is set on a ground level approximately 0.5m higher than the application property.
This application has been referred to planning committee as the applicant is a local councillor.
Details of proposal
Planning permission is sought for the erection of a single storey side extension to provide a ground floor shower room and additional lounge. The extension will project 3.45m to the eastern side of the property and will have a total length of 7.8m. The extension will be located approximately 1m away from the fenced boundary with no. 14 Ox Hey. The extension is set back 0.3m from the front elevation. A window is proposed at the front elevation to serve the lounge and a minor bathroom window and door are proposed to the rear elevation.
Materials are proposed to match the existing dwelling consisting of brick, concrete roof tiles and white uPVC window frames.
Planning history
N/A
Consultations
It is not necessary to consult statutory bodies on this planning application.
Notifications
Neighbouring properties were consulted by letter on 29th November. The 21 day statutory consultation period expires on 20th December. No objections have been received to date. The applicant has engaged in discussions with the neighbours prior to the submission of
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the application. Any comments received will be reported at the meeting (see also the recommendation).
Relevant policy
Hyndburn BC Local Plan Saved Policies: Policy E10 Development Criteria
Householder Design Guide SPD
Hyndburn Core Strategy: Policy Env6: High Quality Design Policy Env7: Environmental Amenity Car Parking and Access Standards
Observations
Planning permission is required for the single storey extension for the reason that the side extension will have a width greater than half the width of the original house. The principle issues in the determination of the application are the proposal’s acceptability in terms of the Council’s Householder Design Guide SPD on house extensions in respect of design and appearance, and the effect on amenities of neighbours.
The SPD normally requires single storey side extensions to be set back from the elevation of the property by 0.15m in order to create a subordinate appearance and to avoid an obvious join. In this case the extension will exceed this requirement and will be set back 0.3m.
Although the extension will have a width of 3.45m (compared to the width of the existing house at 5.1m), the extension will not be unduly prominent nor out of character with the street scene. The hipped roof is acceptable in design terms and will serve to reduce the bulk of the extension when viewed from the front and will reduce any impact on the neighbour at no. 14 Ox Hey. The extension is set 1m away from the boundary with the neighbour alongside the side elevation of the neighbour’s property. The boundary contains a brick wall located on the applicant’s property and a 1.8m fence on the neighbour’s land.
Within the side elevation of no. 14 there is an existing minor window with obscure glazing which appears to serve a ground floor bathroom and a further minor window and door. The proposed extension will be sited approximately 2m away from the neighbour’s windows and the eaves height of the extension will extend to approximately half the height of the side windows. On the basis that the windows serve non-habitable rooms and considering the difference in ground levels and that the proposed extension does not contain any side windows and the roof design, it is concluded that there will be no loss of privacy and no significant loss of light or overbearing impact so as to adversely affect the neighbour’s amenity. A condition is recommended which prohibits future windows and doors within the extension in order to protect the amenity of the neighbour.
A ground floor window is proposed to the front elevation to serve the lounge. The window will have proportions and materials to match the existing windows and is therefore
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acceptable in design terms. The window will not give rise to any loss of privacy or overlooking.
The extension materials will match the existing property and are therefore acceptable and this will be secured by condition.
The existing property has 3no. car parking spaces located on the driveway to the front of the property. The existing car parking arrangement will be unaffected by the proposed extension.
The application has been found to comply with the SPD, saved local Policy E10 and Core Strategy Policies Env6 and Env6.
Recommendation
That delegated authority is given to the Chief Planning and Transportation Officer or Head of Development Management to approve planning permission following the expiration of the 21 day consultation period on 20 December 2011, subject to no insurmountable objections from neighbouring properties being raised during this time, and subject to the following conditions:
Condition(s) and Reasons(s)
1. The development hereby approved shall be commenced before the expiration of three years from the date of this permission. Reason: To ensure that the Local Planning Authority retains the right to review unimplemented permissions and to comply with Section 91 (as amended) of the Town & Country Planning Act 1990.
2. The development shall be carried out in accordance with the following documents:
(a) The planning application forms received by Hyndburn Borough Council on 25/11/11 (b) Submitted drawings: 11/11/010/01 and 11/11/010/02 received on 25/11/11
Reason: for the avoidance of doubt and to enable Hyndburn Borough Council to adequately control the development and to minimise its impact on the amenities of the local area and to conform with saved Policy E10 of the Hyndburn Local Plan and Policies Env6 and Env7 of the Hyndburn Core Strategy.
3. The bathroom window on the rear elevation of the extension hereby approved shall not be glazed otherwise than with obscured glass only, of a type and degree of obscurity to be first agreed in writing by the Local Planning Authority and thereafter permanently retained as such.
Reason: To safeguard the privacy of the occupiers of the adjoining property and to comply with saved Policy E10 of the Hyndburn Borough Local Plan.
4. The facing and roofing materials to be used in the construction of the extension hereby approved shall match in colour and texture those used on the existing building.
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Reason: To ensure the use of appropriate materials, in the interests of the visual amenities of the locality and in order to comply with saved Policy E10 of the Hyndburn Borough Local Plan.
5. Notwithstanding the provisions of the Town & Country Planning (General Permitted Development) Order 1995 (or any order revoking and re-enacting that Order with or without modification), no window, dormer window, roof light or door other than those expressly authorised by this permission shall be constructed without planning permission obtained from the Local Planning Authority.
Reason: To safeguard the amenities of the occupiers of nearby properties and to comply with saved Policy E10 of the Hyndburn Borough Local Plan.
Informative Note(s)
1. The proposal does not conflict significantly with the provisions of the development plan and in particular is satisfactory in terms of saved Policy E10 of the Hyndburn Borough Local Plan. There are no other material considerations which weigh sufficiently against the proposal.
2. This planning permission is granted in strict accordance with the approved plans. It should be noted however that:
(a) Any variation from the approved plans following commencement of the development, irrespective of the degree of variation, will constitute unauthorised development and may be liable to enforcement action. (b) You or your agent or any other person responsible for implementing this permission should inform Development Control immediately of any proposed variation from the approved plans and ask to be advised as to the best method to resolve the matter. Most proposals for variation to the approved plans will require the submission of a new planning application.
3. This consent is granted subject to conditions and it is the owner and the person responsible for the implementation of the development who will be fully responsible for their compliance throughout the development and beyond.
4. The enclosed approval is issued under the Town & Country Planning Act 1990. You may also require Building Regulation approval which is dealt with by this Department's Building Control Section (Tel: 01254 380194). You must ensure that all necessary permissions are obtained BEFORE starting work, otherwise abortive expense may be incurred.
5. The proposed development lies within an area that has been defined by The Coal Authority as containing potential hazards arising from coal mining. These hazards can include: mine entries (shafts and adits); shallow coal workings; geological fissures; mine gas and previous surface mining sites. Although such hazards are often not readily visible, they can often be present and problems can occur as a result of development taking place, or can occur at some time in the future.
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It is recommended that information outlining how the former mining activities affect the proposed development, along with any mitigation measures required, be submitted alongside any subsequent application for Building Regulations approval.
Any intrusive activities which disturb or enter any coal seams, coal mine workings or coal mine entries (shafts and adits) requires the prior written permission of The Coal Authority. Such activities could include site investigation boreholes, digging of foundations, piling activities, other ground works and any subsequent treatment of coal mine workings and coal mine entries for ground stability purposes. Failure to obtain Coal Authority permission for such activities is trespass, with the potential for court action.
Property specific summary information on coal mining can be obtained from The Coal Authority's Property Search Service on 0845 762 6848 or at www.groundstability.com
Contact Officer: Daniel Hartley MBA MRTPI Address: Council Offices Scaitcliffe House Ormerod Street Accrington Lancs BB5 0PF Tel No 01254 388111
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